TAKASI APPA RAO Vs. PENUMATCHA VENKATA SATYANARAYANA RAJU

JUDGEMENT

(1.) This appal is directed against the judgment and order of the court of the District Judge, Visakhapatnam, dated 25th February 1960 in A. S. No. 409 of 1957 on the file of the said court, ordering a remand of the suit for fresh disposal to the court of first instance viz, the Principal District Munsif of Visakhapatnam.

(2.) The facts leading to the filing of this appeal may be briefly stated. The present appellant as plaintiff brought O.S. No. 10 of 1956 on the file of the Dt Munsif, Visakhapatnam, claiming specific performance of an agreement dated 9-2-953, marked, as Exhibit A.1. in the case, to permanently lease the plaint schedule land of the extent of 182 acres on an annual rental of two graces (40 bags paddy) executed by one Narasimha Raju, who has since deceased, and his sons, defendants 1 and 2, his wife the 3rd defendant and his 4th daughter the defendant. The defendants filed a written statement contesting the suit, wherein they denied having executed an agreement to grant permanent lease on 9-2-1953, and pleaded that their signatures were obtained on a blank paper which may have been pressed into service for bringing into existence the suit document (Ex. A.1). It was further stated that the defendants were cowed down and coerced to set their hand to the said blank paper by the combined machinations, threats and misrepresentations of the plaintiff and Narasimha Raju, and that the defendants were unaware of the contents of the alleged lease. They also emphatically asserted that the suit agreement for a permanent lease was a forgery and a fraudulent document and, therefore, unenforceable.

(3.) The trial Court viz, the Principal District Munsif, Visakhapatnam framed the following issues.