ACHAL REDDY Vs. RAMAKRISHNAREDDIAR

JUDGEMENT

(1.) This is an appeal by special leave against the judgment ,and decree dated the 9th October, 1973 of the High Court of Judicature at Madras in Letters Patent Appeal No. 78 of 1969.

(2.) The appellant was the first defendant in O.S. No. 53 of 1959 in the Munsiff's Court Chingleput:The respondents are the legal representatives of Munishbba Reddi, the plaintiff therein. That suit was instituted on 11-2-1959 for recovery of possession of the suit property with mesne profits. The suit was decreed by the trial Court on 7-11-1960. The first. appellate Court by the revised judgment dated the 5th August, 1961 in A.S. No. 21 of 1961 reversed the decree. The second appeal preferred by the plaintiff was dismissed by the High Court in S.A. No. 426 of 1965 on 31-1-1969. However, the Division Bench of the High Court allowed the Letters Patent Appeal filed by the plaintiff.

(3.) It is necessary to set out few facts for the purpose of this appeal. The suit property having an extent of 13 acres and 42-1/2 cents originally belonged to one Dasu Reddi. The conveyed possession of the land to one Varada Reddi under an oral agreement of sale on 10-7-1946. A deed of sale was drawn up on 1-7-7-1947, but Dasu Reddi died before it could, be registered. Thereafter his sons Rajaram Reddi and Ramalinga Reddi executed Ex. A-1 sale deed in favour of Munisubba Reddi on 6-10-1949. Varada Reddi, aggrieved, instituted O.S. No. 78 of 1949 against Munisubba Reddi and his vendors for specific performance of the contract for sale, asserting his possession in pursuance of the agreement dated 10-7-1946. Varada Reddi died pending the suit. Muthukrishna Reddi was impleaded as his legal representative. That suit was decreed in his favour on 13-12-1952. The decree became final, but was not executed.