P K DORAISWAMY Vs. MUNGAMURU HARAGOPALA REDDY

JUDGEMENT

(1.) THE appellants herein filed O.S.No.144 of 1989 in the Court of the Principal District Munsif, Kovur, against one Mungamuru Radhakrishna Reddy, father of 1st respondent, for the relief of perpetual injunction.It is stated that a compromise was entered into between the parties and decree in terms of compromise was drawn.THE compromise decree provided inter alia for payment of Rs.64,000/- by the said Radhakrishna Reddy, to enable him to remain in possession of the suit schedule property till the end of August 1990.Pleading that he paid only a sum of Rs.32,000/- as against Rs.64,000/- by the time he was evicted from the premises in August 1990, the appellants filed O.S No.72 of 1992 in the Court of the Senior Civil Judge, Kovur, against Radhakrishna Reddy, for recovery of a sum of Rs.40,474/- comprising of principal amount of Rs.32,000/- and interest thereon.THE suit was opposed by raising several grounds.During the pendency of the suit, said Radhakrishna died and the respondents herein have brought on record as his legal representatives.THE trial Court decreed the suit on 07-09-1998.

(2.) THE respondents filed A.S.No.80 of 1998 in the Court of the IV Additional District Judge, Nellore.THE appeal was allowed vide judgment, dated 08-08-2003.Hence, this Second Appeal.

(3.) ON behalf of the appellants, PW-1 was examined and Ex.A-1 was filed.ON behalf of the respondents, DW-1 was examined and Exs.B-1 and B-2 were filed.The suit was decreed.The lower appellate Court framed only one point for its consideration, viz., the judgment and decree passed by the trial Court suffers from infirmity and illegality; and allowed the appeal.