REDDIPALLI YASODHA BAI Vs. P SREENIVASULU REDDY

JUDGEMENT

(1.) The second appeal is directed against the concurrent judgments rendered by the Court of Principal Junior Civil Judge, Punganur in O.S.No.378 of 1992 and the Court of Senior Civil Judge, Punganur in A.S.No.12 of 2003.

(2.) The appellant is the defendant. The respondent herein filed the suit for the relief of specific performance of an agreement of sale, dated 11.05.1980 (Ex.A.1) in respect of Ac.0.25 cents of land in Punganur Town. It was pleaded that the appellant agreed to sell the suit schedule property for a consideration of Rs. 10,000/- and that on the date of agreement, a sum of Rs. 5,000/- was paid as advance. It was also mentioned that O.S.No.165 of 1976 was pending in relation to that land and that the parties agreed to conclude the transaction as soon as that suit is decided. Reference was made to a notice, dated 21.10.1988 (Ex.A.2) issued by the respondent calling upon the appellant to execute the sale deed, reply notice, dated 03.11.1988 (Ex.A.4) issued by the appellant, denying the very execution of the agreement (Ex.A.1), a further notice dated 05.06.1991 (Ex.A.3) issued to the appellant and the reply, dated 16.06.199 (Ex.A.5).

(3.) The appellant filed a written statement denying the very execution of the agreement of sale and the other contentions advanced by the respondent. She pleaded that there existed many transactions between her husband on the one hand and the father of the respondent on the other hand; and in the course of such transactions, Ex.A.1 appears to have been handed over by her husband to the father of the respondent. It was also stated that she entered into agreement of sale with certain other parties, in respect of the suit schedule property.