KONEJETI RADHAKRISHNAIAH Vs. SREE SEERHARAMA BHAKTHA SANGHEA

JUDGEMENT

(1.) This letters patent raises certain important questions of law, apart from presenting a complex set of facts. It arises out of a decree, dated 12.09.1986, passed by the Court of the Additional Subordinate Judge, Ongole in O.S.No.98 of 1981.

(2.) Defendant Nos.6 to 8 in the suit are the appellants herein. The sole plaintiff is respondent No.1 and defendant Nos.1 to 5 are respondent Nos.2 to 6. For the sake of convenience, the parties are referred to as arrayed in the suit.

(3.) The plaintiff filed the suit for the relief of specific performance of an agreement of sale, dated 12.12.1978, Ex.A1, against the defendants in respect of the suit schedule property, a house in a plot of about 300 square yards, situated in Tangutur Village, opposite to Sri Seeta Rama Swamy Temple and to direct the defendants to put him in possession thereof. Alternative relief in the form of a decree for a sum of Rs.7,300/-, being the earnest money of Rs.1,000/-, interest of Rs.300/- and damages of Rs.6,000/- was also claimed. It was pleaded that defendant No.1, who was residing at Madras along with her children, defendant Nos.2 to 5, is the owner of the property and that in the second week of December 1978, she came to Tangutur with a proposal to sell the said property. The Secretary of the plaintiff-Bhaktha Sangam (Society) is said to have negotiated with defendant No.1 for purchase of the property and that bargain was settled at Rs.24,000/-. An agreement is said to have been executed on 12.12.1978 and that on the same day, advance of Rs.1,000/- was paid, incorporating a condition that the balance of sale consideration must be paid by the end of April 1979.