LAKKSTKULA VENKATESHWARLU Vs. SARDAR AJAB SINGH

JUDGEMENT

(1.) This Letters Patent Appeal is preferred against the judgment of the learned single Judge in A S No. 1247 of 1980. The first appellant Lakkakula Venkateswarlu was the seoond defendant in the suit O S No. 6/77 on the file of the District Court Warangal which was initially instituted in the Court of the Subordinate Judge at Warangal in June 1972. The plaintiff is one Sardar Ajab Singh the first respondent herein and the first defendant is Lakkakula Laxmamma, the mother of the 2nd defendant. The third defendant in the suit is Gopaiah and is the father of the 2nd defendant- appellant. In the ensuing discussion, we will refer to the parties as they are arrayed in the suit.

(2.) The plain tiff (first respondent) filed the suit for specific performance of an agreement of sale dated 1 3-4-68 executed by the first defendant Laxmamma and Gopaiah (third defendant) on behalf of his son Venkateswarlu (2nd defendant- 1st appellant). The plaintiff stated in the plaint that he purchased 1363 sq. yds. in Warangal that, that was purchased earlier by the third defendant Gopaiah in the name of his wife Laxmamma and in the name of his son Venkateswarlu. The earlier purchases were under registered sale deeds Document Nos. 1260/63 & 1259/63 dtd. 31-8-63 and 21-8-63 respectively. According to the plaintiff a composite agreement was entered into in respect of the land covered by the above two sale deeds and the said agreement was executed in his favour by the first defendant on her behalf and the third defendant on behalf of his son Venkateswarlu. The agreement was for a total consideration of Rs. 13.000/-. Rs. 2,5001- was paid on the date of agreement and thereafter several payments were made which in all amounted to Rs. 10.500/- by 17-11-69 including the advance of Rs. 2,500/- These payments are evidenced by various receipts. The piaintiff alleged that he was ready and willing to pay the balance of consideration and requested Gopaiah to arrange for measurement of the plot and to register the sale deed. Inasmuch as the defendants evaded the plaintiff gave a notice on 20-12-70 which was replied to on 7-1-71. In the reply given on behalf of the first defendant she denied knowledge of the agreement except that it was represented to her by her husband that plaintiff was prepared to pay Rs. 20/- psr sq. yard and her thumb- impression was taken on some document. The 2nd defendant (Venkateswarlu) denied the truth and validity of the transaction. He stated that he got issued a notice through his maternal uncle. The plaintiff therefore sought specific performance, or in the alternative refund of the consideration with interest at 12% p a from the date of payment and damages of Rs. 3,000/-. The interest amount was said to be Rs. 3,565-87. Under the alternative relief, fund of Rs. 17,066-87 was claimed.

(3.) A written statement was filed by the first defendant stating that she had purchased 337 sq yds. earlier on 31-8-63 : that her husband brought some papers and obtained her signature stating that he sold the property at Rs. 20/- per sq. yard and believing the said representation she put her thumb-impression. According to her the third defendant was leading a wayward life. She disputed the execution of the agreement and denied receipt of consideration.