ARIYUR MOHAMMAD HABEEBUR RAHMAN Vs. ANSURI VARAMMA DIED

JUDGEMENT

(1.) THIS Civil Revision Petitions directed against the judgment and decree in A. S. No. 51 of 1965, whereby the District Judge, Khammam, allowed the appeal and set aside the Award.

(2.) BRIEFLY stated, the facts are: The father of the revision-petitioners agreed to sell 5 1/2 acres of land, bearing Survey No. 320 situated at Khammam, to the 1st respondent, for a sum of Rs. 3,200.00 and executed an agreement of sale dated 16-4-1952 having received an advance consideration of Rs. 1,300.00. The father of the petitioners put the 1st respondent in possession of the property in pursuance of the agreement of sale. Admittedly, a sum of Rs. 200.00 was paid by the 1st respondent on 5-8-1954 to K. M. Hussain, the Power of Attorney holder of the mother of the petitioners. Subsequently disputes arose between the parties as the balance was not paid and the sale deed was not executed by the petitioners father in favour of the 1st respondent. The 1st respondent alleged that a sum of Rs. 800.00 was paid to the petitioners on 23-3-1953, but the petitioners denied that payment. The dispute was referred to the arbitration of five named arbitrartors , among whom one K. Appa Rao was to be the Sarpanch or Umpire. After recording the evidence and hearing the parties , the arbitrators passed the Award dated 21-7-1957. As per the Award , the 1st respondent was to pay Rs. 1,700.00 with interest at 9% per annum by 27-7-1957 and in default the 1st petitioner should refund the purchase money of Rs. 1,500.00 by 29-7-1957 to the 1st respondent. The respondents did not pay the amount within time and the petitioners, therefore, in compliance with the terms of the Award, deposited Rs. 1,500.00 with the arbitrators and obtained a receipt. The Award was registered on 25-7-1957 and kept with the arbitrators.

(3.) THE petitioners filed a suitable rejoinder.