N MUNI REDDY Vs. CHAPALA NAGAMMA

JUDGEMENT

(1.) Both appeals arise out of the common judgment of the Senior Civil Judge, Srikalahasthi in A.S. Nos. 26 and 24 of 1988. A.S.No. 26 of 1988 arises out of the suit O.S.No. 318 of 1981 and A.S.No. 24 of 1988 arises out of the suit O.S.No. 322 of 1983. Both the suits were tried together and evidence was recorded in O.S.No. 322 of 1983. S.A. No. 536 of 1994 arises out of the judgment in A.S.No. 26 of 1988; whereas S.A. No. 561 of 1994 arises out of the judgment in A.S.No. 24 of 1988. The appellant herein filed the suit for specific performance of the contract and the brief facts in both the suit are that one Ch. Nagamma, who is examined as PW.2, mother of the PW.1 and the mother of the defendants are sisters. The suit schedule property, which is said to be a vacant site, belonged to Nagamma(PW.2). The suit O.S.No. 318 of 1981 was filed for specific performance of an agreement of sale dated 02-04-1981 for Rs. 10,000/- alleging that PWs.1 and 2 agreed to sell the property for a consideration of Rs. 10,000/- and a sum of Rs. 9,500/- was paid. It was also specifically pleaded in the suit O.S.No. 318 of 1981 that PW.2 executed a registered will in favour of PW.1 who is said to be residing with her, but subsequently for their need, the agreement of sale said to have been executed and though the appellant herein is ready and willing to perform the part of the contract, it was postponed and denied and consequently the suit for specific performance was instituted on 03-09-1981.

(2.) In the above suit PW.2, who was only the original defendant, filed written statement denying the genuineness of the contract of sale and pleading that it was a fraudulent one and she did not receive any consideration and possession was also not delivered. According to her, she has executed a will and thereafter executed a registered settlement deed in favour of PW.1, which is Ex.A-1 dated 09-09-1981. Therefore, she pleaded for a dismissal of the suit for specific performance.

(3.) On the basis of the alleged settlement deed, PW.1 has filed the other suit O.S.No. 322 of 1983 for declaration of title and injunction and PW.1 was also subsequently added as a party in O.S.No. 318 of 1981.