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 plaintiff pleaded that the suit schedule property, a house, with open land around, was purchased by the 1st defendant in the year 1971, for consideration of Rs. 18,000/ -, and that five years thereafter, the 1st defendant offered to sell the property for Rs. 75,000/ -. The plaintiff is said to have accepted the offer, and Ex.A -1 was entered into. On the same day, a sum of Rs. 65,000/ - is stated to have been paid. He pleaded that though he offered to pay the balance of consideration and requested for execution of the sale deed and delivery of possession, the 1st defendant failed to comply with the request, on one pretext or the other. The plaintiff got issued a notice on 09 -04 -1979, and thereafter, filed the suit. He pleaded that he has always been ready and willing to perform his part of the contract.