V S MUNIRATHANAM Vs. P SUNDARAM

JUDGEMENT

(1.) THE appeal filed against the judgment and decree passed in R.A. No. 15/88 on the file of Civil Judge, K.G.F. arising out of the judgment and decree passed in O.S. No. 391/76 on the file of Munsiff, K.G.F.

(2.) THE appellants are the legal representatives of the plaintiff who had filed a suit for specific performance of the agreement of sale against the respondents herein. The first respondent is the first defendant in the suit. The second respondent is the second defendant in the suit. The suit properly is a house property. Under Ex. D -2 the plaintiff sold the suit property for a sum of Rs. 3,000/ - in favour of the first defendant on 7 -6 -1971. On 16 -7 -1971 under Ex. P -1 the first defendant agreed to reconvey the property on repayment of Rs. 4950/ - within a period of 5 years and advanced Rs. 50/ - was paid to the first defendant. The possession was allowed to be with the plaintiff. Again on 25 -9 -1971 the first defendant advanced a sum of Rs. 3,000/ - to the plaintiff, an endorsement was made on Ex. P -1 stating that the total amount payable is in a sum of Rs. 7950/ -. The plaintiff paid a sum of Rs. 5,000/ - on 22 -4 -1974. An endorsement is made by the first defendant on the obverse of Ex. P -1 acknowledging receipt of Rs. 5,000/ - and makes a mention that there is a balance of Rs. 3,000/ - payable. The plaintiff in the suit contends that the transaction relating to payment of Rs. 3,000/ - on 25 -7 -1991 is a distinct transaction not related to the transaction of re -conveyance therefore contends that by 22 -4 -1974 the entire agreed consideration of Rs. 5,000/ - has been paid as per the terms of Ex. P -1. The first defendant despite the request refused to execute the re -conveyance deed.

(3.) THE first defendant in his written statement denies payment of Rs. 5,000/ - on 22 -4 -1974 by the plaintiff. Further contends that the plaintiff is not entitled to seek re -conveyance of the property on the ground that within the stipulated time the plaintiff has failed to carry out his obligations and pray for dismissal of the suit.