SUB REGISTRAR Vs. K VEERESWARA

JUDGEMENT

(1.) This revision presents an instance as to how the financial necessities of an individual would expose him or her to several compulsions and thereby make them to face the adverse consequences. Though the revision arises out of an order passed in a civil miscellaneous appeal filed under Section 47-A of the Indian Stamp Act, 1899, it has a background spread over about three decades.

(2.) The mother of the respondent viz. K. Anasuya was the absolute owner of the property admeasuring 1350 sq. yards in premises No.16-2-705/1/5, Malakpet, Hyderabad. In September, 1970, she was in dire need of a sum of Rs.12,000/- and approached one person viz. Ch. Bikshapathy for the same. He paid that amount. On 29.9.1970, a sale deed was executed conveying the said property in his favour and on the same day, an agreement of re-conveyance was executed to the effect that in case, she refunds the same amount within six years, he shall re-convey the property to her.

(3.) Smt. Anasuya offered to pay the amount in July, 1976. Her creditor appears to have developed affinity to the property and refused to accede to her request. That necessitated her to file O.S. No.625 of 1976 in the Court of the n Additional Judge, City Civil Court, Hyderabad for specific performance of the agreement of re-conveyance dated 29.9.1970. She deposited the entire sum into the Court on 24.9.1976. After serious contest, the suit was decreed on 15.12.1979. The creditor filed A.S. No.175 of 1980 in the Court of Additional Chief Judge, City Civil Court, Hyderabad. It was dismissed on 4.9.1981. S.A. No.969 of 1981 was filed in this Court and it was dismissed on 28.1.1987. The mother of the respondent died on 13.7.1987. S.L.P. No.5534 of 1987 filed by the creditor was dismissed in 1987.