SRIRAMULU NAIDU Vs. YUSUF SAHIB

JUDGEMENT

(1.) THE defendants against whom the suit has been decreed for specific performance of an agreement to sell are the appellants.

(2.) THE plaintiffs" case is that they are the heirs of one Abdul Razaak. He owned the suit properties and on 1.9.1958 he sold the same for a sum of Rs.2,000 to the two defendants who are father and son. THEy on the same day i.e., on 1.9.1958 executed an agreement to re-convey the property to Abdul Razaak after 1.9.1975. Abdul Razaak died. His heirs-piaintiffs, on 19.6.1979 issued a notice to the defendants calling upon them to execute a sale deed but they sent a reply raising false contentions. THE plaintiffs have been always ready and willing to perform their part of the contract, but the defendants evaded. THErefore the suit.

(3.) THE trial court on consideration of the evidence believed the case of the plaintiffs that the defendants executed Ex.A-1 agreement to reconvey. It also held that the plaintiffs were ready and wiling to perform their part of the contract. It further held that the suit is not barred by limitation as contended by the defendants. On these findings the trial court decreed the suit as prayed, for.