MUKKAMALA VENKATA NARAYANA REDDY Vs. PAIDIMARRI SUBBARAMAIAH (DIED)

JUDGEMENT

(1.) Heard Sri Suresh Reddy representing Bali Reddy and Ranga Reddy, the counsel representing the respective parties.

(2.) The unsuccessful defendant in O.S. No. 11/84 on the file of Subordinate Judge, Markapur had preferred this Appeal aggrieved by the Judgment and decree made therein decreeing the suit for the relief of specific performance of an agreement of sale. The 1st plaintiff/1st respondent died and the 2nd respondent who is already on record had been declared as legal representative of the deceased 1st respondent and the 3rd respondent also was brought on record as legal representative of the 1st respondent by order dated 28-3-1990 in C.M.P.NO. 15985/89.

(3.) The case of the plaintiffs as pleaded in the plaint is that the appellant herein/ defendant agreed to sell the plaint schedule property to the plaintiffs for Rs. 15,900.00 and executed an agreement of sale on 28-3-1977 and it was also pleaded that the total sale consideration was paid to the plaintiffs and they were put in possession of the plaint schedule property and in spite of repeated demands the defendant had not executed the sale deed in their favour and hence on 19-9-1983, a registered notice was issued which was received by the defendant, but there was no reply and in the said circumstances, the present suit for specific performance had been instituted.