MOPARTHI SAROJINI DEVI Vs. KAVURU RAMACHANDRA PRASAD

JUDGEMENT

(1.) In this appeal, the judgment and decree dated 28-4-1995, in O.S.No. 6 of 1989 on the file of the Principal Subordinate Judge, Tenali, is in challenge. The defendant is the appellant. The parties shall be referred to as arrayed in the suit.

(2.) The plaintiffs filed the suit alleging that their grand mother late Talasila Lakshmamma was the owner of the suit schedule property, during her life time she entered into an agreement of sale with the defendant for sale of the suit schedule property and on 1-10-1976, an agreement of sale between them was executed providing for sale of the suit schedule property at the rate of Rs. 13,500/- per acre, delivery of possession of the land was made on the date of agreement itself, payment of the balance amount was to be made within one month failing which the balance amount shall carry 18% interest. It is also stipulated in the agreement that if the sale deed is not executed during her lifetime, the defendant shall pay the balance of consideration to the plaintiffs and they shall execute the sale deed after measurement of the land. Lakshmamma died in May 1977. By the date of her death, an amount of Rs. 36,500/- was paid.

(3.) During her life time, late Lakshmamma had also executed a Will dated 19-10-1976 enabling the plaintiffs to recover the balance of consideration. After the death of Lakshmamma, the defendant paid an arnount of Rs.1,800/- and Rs.7,500/-, which were endorsed, on the counterpart of the agreement. Thereafter, the defendant paid Rs.10,000/- on 2-7-1980, Rs. 5,000/- on 11-8-1980 and another Rs. 5,000/- on 6-5-1981. After about five years, another amount of Rs. 10,000/- was paid.