(1.) The defendants filed this second appeal against the reversing judgment dated 9-12-1994 in A.S.No. 9 of 1990 on the file of the Subordinate Judge, Wanaparthy in allowing the appeal of the respondent and decreeing the suit in O.S.No. 2 of 1989, which was dismissed by the District Munsif, Kollapur on 26-7-1990.
(2.) The respondent herein is the plaintiff. The parties herein are referred to as arrayed in the original suit.
(3.) The plaintiff filed the suit for specific performance of agreement dated 17-10-1987 (Ex.A-1) on 18-1-1989 alleging that one Pabba Raman Goud @ Pabba Ramulu, the late husband of the 1st defendant and the father of defendants 2 to 5, entered into agreement of sale on 17-10-1987 (Ex.A-1) with the plaintiff agreeing to sell the land in S.No. 192 admeasuring Ac. 2.00 situated in the limits of Sampatraopally village, Weepangandla Mandal, Mahabubnagar District for a consideration of Rs. 19,000.00 at the rate of Rs. 9,500.00 per acre and received a sum of Rs. 500.00 as advance from the plaintiff and executed an agreement of sale in favour of the plaintiff on the same day at Gopalpur village of Weepangandla Mandal. In the said agreement, it is stipulated that the balance of sale consideration of Rs. 18,500/- was to be paid in two instalments, i.e., on or before 14-1-1988 and 14-1-1989. As per the said stipulation, when the plaintiff went to the said Pabba Raman Goud to pay an amount of Rs. 9,250 / - as the 1st instalment, the said Raman Goud and the 1st defendant refused to take the said amount stating that the said Raman Goud was going to Kurnool town for getting medical treatment and that they will take the amount after returning from Kurnool town. Thereafter, even after returning from Kurnool town, the said Raman Goud and the 1st defendant postponed to take the amount with an ill motive. Afterwards, the said Raman Goud died at Gopalpur village on 29-2-1988 leaving behind him the defendants herein as his legal heirs, and even after the death of Raman Goud, the plaintiff asked the 1st defendant at several times to take the entire sale consideration and to execute the registered sale deed in his favour. But the 1st defendant refused to take the amount and to execute the registered sale deed in spite of several requests made by the plaintiff. At last, the plaintiff got issued a legal notice dated 21-12-1988 (Ex.A-2) to the defendants, for which, the defendants gave a reply dated 12-1-1989 (Ex.A-5) through an advocate. It is further stated that the defendants being the legal heirs of the deceased Raman Goud and in possession and enjoyment of the properties of the deceased Raman Goud, are under a legal and pious obligation to perform and fulfill their part of the contract, which was left unperformed and unfulfilled by the deceased Raman Goud. The plaintiff is ready and willing to perform his part of the contract. The plaintiff several times offered the defendants to receive the balance sale consideration of Rs. 18,500.00. Now also, the plaintiff is ready to deposit the balance sale consideration in the Court to show that he is ready and willing to perform his part of the contract. As the defendants refused to perform their part of the contract, the plaintiff is entitled to sue the defendants. It is stated that the cause of action arose on 17-10-1987, i.e., on the day on which Raman Goud executed the agreement of sale in favour of the plaintiff, and on 21-12-1988, on which day, the plaintiff got issued the legal notice to the defendants, and on 12-1-1989 on which day the defendants gave a reply to the said legal notice.