ARIMANDA VIJAYA BHASKARA REDDY Vs. MANUKONDA RAMI REDDY

JUDGEMENT

(1.) THIS Letters Patent Appeal is filed assailing the judgment rendered and decree passed on 26 -09 -2001 by a learned single Judge of this Court in A.S.No. 2649 of 1985. That appeal, in turn, arose out of the judgment and decree dated 30 -04 -1982, in O.S.No. 145 of 1979 on the file of the Subordinate Judge, Tenali. The 2nd defendant in the suit is the appellant herein. For the sake of convenience, the parties are referred to, as arrayed in the suit.

(2.) THE plaintiff, who is since dead, and is represented by the legal representatives; filed the suit for the relief of specific performance of an agreement of sale dated 06 -05 -1976 (Ex.A -1). Initially, it was filed against the 1st defendant (2nd respondent). During the pendency of the suit, the 2nd defendant, the minor son of the 1st defendant, got impleaded as defendant No. 2.

(3.) THE 1st defendant filed a written -statement, stating that the son of the plaintiff was in the cinema business, and thereafter, he, i.e. the 1st defendant, also joined as a partner, and in connection with the production of a film, he borrowed a sum of Rs. 40,000/ - from the plaintiff. It was his case that he never intended to sell the property, and Ex.A -1 was taken from him by representing that an equitable mortgage is being created. According to him, the document, Ex.A -1, was concocted as an agreement of sale. It was stated that, he received only a sum of Rs. 40,000/, - and not Rs. 65,000/ -, as pleaded by the plaintiff. He prayed for dismissal of the suit.