JALA ANJAIAH Vs. RAMISETTY ANJAIAH

JUDGEMENT

(1.) The respondent filed O.S.No.44 of 2006 in the Court of Senior Civil Judge, Addanki, against the appellant, for the relief of specific performance of an agreement of sale, dated 06.06.2006 (marked as Ex.A.1). It was pleaded that, in his capacity as a Manager of the joint family, the appellant agreed to sell Ac.1.50 cents of land in survey No.576 of Timmayapalem Village, Prakasam District, for a consideration of Rs.1,38,000/-. It was alleged that Rs.50,000/- was paid on the date of agreement and that the appellant was under obligation to execute the sale deed with the participation of his sons by receiving balance of consideration. The respondent got issued a notice dated 22.08.2006 (marked as Ex.A.2), requiring the appellant to execute the sale deed by receiving the balance sale consideration. Alleging that the appellant has not come forward, the suit was filed for the relief of specific performance.

(2.) The appellant filed a written statement in the suit. He pleaded that the agreement pleaded by the respondent was a forged one. It was also pleaded that even according to the recitals in the agreement, or notice, the suit schedule land is an ancestral property and it could not have been sold, except for the family necessities. He further alleged that the recitals in the agreement, or notice, do not support the case of the respondent.

(3.) The trial Court decreed the suit through judgment, dated 30.11.2009. The appellant filed A.S.No.28 of 2010 in the Court of II Additional District Judge, Ongole. The appeal was dismissed on 15.07.2011. Hence, this second appeal.