ADAPALA VENKATA RANGA RAO Vs. RAVELLA SATYAVATHI

JUDGEMENT

(1.) For the sake of convenience the parties would hereinafter be referred to as they are arrayed in the Trial Court.

(2.) Alleging that the husband of the defendant entered into an agreement to sell Acs.2-50 cents out of Acs.4-70 cents in D.No.169 of Chadalavada Village, within the boundaries mentioned in the schedule appended to the plant (hereinafter referred to as the suit land) for Rs.20,500/- per acre and received Rs.36,250/- from him on 14-12-1984 and executed Ex.A1-agreement to sell the suit land in his favour as per the terms of which he has to pay the balance sale consideration of Rs.l 5,000/- on or before 30-8-1985, in default, with interest @ 15% per annum from the due date upto the date of payment and though he is always ready and willing to perform his part of the contract and pay the balance due, husband of the defendant failed to receive the balance sale consideration and execute a sale deed and had died on 15-8-1985 without executing the sale deed. Plaintiff filed the suit seeking specific performance of Ex.A1 agreement from the defendant

(3.) Defendant filed her written statement contending that Ex.A1 agreement is a forged document, and that her husband who was a friend of the plaintiff was addicted to drink and so taking advantage of his friendship with her husband who is a drunkard, plaintiff must have brought Ex.A1 into existence to cause wrongful loss to her. Later, defendant filed an additional written statement contending that inasmuch as her husband was not the absolute owner of the suit land but only had a half share therein, as she became entitled to the remaining half share in the suit land, consequent on the death of her son, plaintiff, in any event, is not entitled to any relief.