N C VENKATA REDDY Vs. R RAJAGOPAL NAIDU

JUDGEMENT

(1.) The third defendant since deceased is the first appellant in this second appeal and the appellants 2 to 6 are his legal representatives. The plaintiff is the first respondent and the other respondents are the defendants 2, 4 and 5 respectively.

(2.) The suit is one for specific performance of an agreement dated 16.6.1974.

(3.) , The case of the plaintiff is as follows: The suit property absolutely belonged to one Doraisami Ammal, the first defendant, by virtue of a settlement deed executed by her uncle Dharma Reddy. The second defendant Janakiraman is the son of the first defendant. The third defendant is the brother of the first defendant The plaintiff is a neighbouring land owner. The first defendant contracted to sell the suit property by an agreement dated 16.6.1974 for a sum of Rs. 14,500/-. Out of this amount being sale consideration, Rs. 1,000/- was paid as advance. The balance amount was agreed to be paid within three months before the date of registration of the sale deed Within 10 days from the date of this agreement, the third defendant who is the brother of the first defendant abducted the first defendant and took her to Madras and got the sale, deed executed by the first defendant in favour of the third defendant and registered. The third defendant, in spite of the knowledge of the earlier agreement between the plaintiff and the first defendant, fraudulently got the sale deed registered. Therefore, the third defendant could not derive any title in the property. Hence, the suit for specific performance, delivery of possession, mesne profits and for costs