YERRAGOGU MRUTYUNJAYA RAO Vs. MARNI KUMARA VEERASWAMY

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 26.08.1998 made in O.S. No.83 of 1987 on the file of the Additional Senior Civil Judge, at Eluru, West Godavari District, whereby and whereunder the suit filed by the first respondent/plaintiff for specific performance has been decreed, the third defendant in the lower Court preferred this appeal.

(2.) The parties, hereinafter, will be referred to as they are arrayed before the lower Court for the sake of convenience.

(3.) The first defendant Yerragogu Satyavathi was the original owner of the suit schedule property. Defendants 3, 7 and 8 are the sons of defendant No.1, defendants 4, 9 and 10 are the daughters of defendant No.1. The specific case of the plaintiff is that defendant No.1 agreed to sell the suit schedule land admeasuring Ac.4-56 cents at Rs.69,000/- per acre and having received an amount of Rs.50,000/- executed an agreement of sale in Ex.A1 on 19.05.1986. The further case of the plaintiff is that Exs.A3, A4 and A5 are the title deeds of defendant No.1 and those documents have been handed over to him on 19.05.1986. As per the terms and conditions of the agreement of sale the plaintiff agreed to pay the balance sale consideration of Rs.2,64,640/- on or before 28.02.1987 and defendant No.1 agreed to execute the registered sale deed in the name of the plaintiff or any other person nominated by the plaintiff. It is also agreed that before registration, the land should be measured and the sale consideration at Rs.69,000/- per acre to be paid basing on the total extent of land ascertained. In case if the plaintiff violates the conditions of the agreement, the advance amount will be forfeited and if the defendant violates the conditions, she would be liable for civil and criminal action in addition to her obligation to execute the conveyance and pay damages for breach of contract. By mutual consent, the time for execution could be extended.