MERUVA ANJI REDDY Vs. GANAPARTHI SESHAIAH

JUDGEMENT

(1.) This Second Appeal arises out of a reversing judgment rendered by the lower Appellate Court, decreeing a suit for specific performance of an agreement of sale. The Appellant is the third Defendant in the suit.

(2.) The 1st Respondent filed O.S. No. 30 of 1993 in the Court of Junior Civil Judge, Darsi, against Respondents 2 and 3 and the Appellant, for the relief of specific performance of an agreement of sale and for perpetual injunction, in respect of the suit schedule property. It was pleaded that the 1st Defendant in the suit, Punugunbati Basavaiah, died during the pendency of the suit; the 2nd Respondent herein, his daughter, was already on record as 2nd Defendant, and in addition to that, the 3rd Respondent, wife of Basavaiah, was added as Defendant No. 4. The 1st Respondent pleaded that Basavaiah executed an agreement of sale - Ex.A1, on 20.02.1978, in respect of about 21/2 acres of agricultural land, for a consideration of Rs. 9,500/-. It was further pleaded that the entire consideration was paid and possession of the property was delivered to the 1st Respondent. He pleaded that he is in possession and enjoyment of the property, ever since then by paying the land revenue and that his name was entered in revenue records with the consent of Basavaiah. The cause of action for filing of the suit was said to be a declaration by the Appellant herein in the year 1993 that he purchased the suit schedule property from the 2nd Respondent. On verification, the 1st Respondent is said to have come to know that his vendor Basavaiah executed a deed of settlement dated 04.02.1988 (Ex.A.6) in favour of the 2nd Respondent and the latter, in turn, executed a sale deed - Ex.B.1 in favour of the Appellant on 02.02.1992. The 1st Respondent got issued notice to the Appellant and Ors. and on receiving a reply, he filed the suit.

(3.) The Appellant filed a written statement and that was adopted by the 2nd Respondent. They opposed the suit by raising various contentions, including the one of limitation and denial of Ex.A.1 by late Basavaiah.