KHANDAVILLI KONDAMMA Vs. RAGAMPUDI SURYANARAYANA

JUDGEMENT

(1.) This civil revision petition by the plaintiff in O.S. No. 180 of 1965 on the file of the District Munsif, Peddapuram, is directed against the judgment and decree of the 2nd Additional Subordinate Judge, Kakinada, in A.S. No. 82/56 allowing the appeal and setting aside the judgment and decree in O.S. No. 180 of 1965.

(2.) The facts leading to the filing of the suit may briefly be stated : The plaintiff purchased an undivided half share in the plaint schedule property under a sale deed Exhibit A-5 dated 15th February, 1955, from defendants 1 to 3, 1st defendant being the father of defendants 2 and 3. The other undivided half share was sold under the sale deed Exhibit A-4 dated 15th February, 1955, by them to the plaintiffs in O.S. No. 179/ 65 which was tried along with O.S. No.180/65 by the learned District Munsif, Peddapuram. Under the sale deed the endors covenanted that if there should be any kind of dispute with regard to the title, the vendors should clear the same. They also stated that if the 1st defendant's brother's widow Sundari Devi should raise any dispute, they should meet the same at their own expense and give a clear title to the plaintiffs. Having regard to the different interpretations placed by the parties herein, it is necessary to extract the said covenant. That covenant, which is marked as Exhibit A-8 and which forms part of Exhibit A-5, sale deed, is as follows:

(3.) Under Exhibit A-15 dated 7th December, 1960 the defendants, while denying the allegations in Exhibit A-14 disowned the liability to pay the sale consideration and warned the plaintiffs that if they were unnecessarily dragged into litigation, the plaintiff, would be liable to bear the costs and damages. The plaintiffs then purchased 0.53 cents which constitute 1/2 of the 1/5th share of Sundari Devi under Exhibit A-2 for a sum of Rs. 400 from P.W. 1 and instituted the present suit for recovery of that sum by way of compensation for breach of covenant Exhibit A-8 contained in the sale deed Exhibit A-5.