KUMMARI JANGAIAH Vs. SOMAVARAPU SAVITHRI

JUDGEMENT

(1.) the respondents 2, 3 and 4, in a.s. No.91 of 2000, on the file of iii additional district judge, ranga reddy district, hyderabad, are the appellants in this c.m.a. they challenge the judgment, dated 22.7.2003, passed by the lower appellate court, remanding the matter for fresh disposal to the trial court.

(2.) the first respondent herein filed o.s. No.385 of 1991, on the file of n additional senior civil judge, ranga reddy district, for the relief of specific performance of an agreement of sale, dated 30.4.1987, and for perpetual injunction, in respect of the suit schedule property. She pleaded that the father of the appellants, by name, jangaiah, who was impleaded as defendant No.1, was the owner of the land in survey NOS.17 and 18 of kothaguda village, sherilingampally mandal. He is said to have entered into an agreement of sale in favour of two persons, by name, mallaiah and sathaiah, to sell an extent of one acre of land. It was pleaded that she entered into an agreement of sale, with mallaiah and sathaiah to purchase an extent of 2509 square yards, out of one acre, on 3.9.1985. She contended that, at the instance of her proposed vendors, the first defendant himself executed an agreement of sale, dated 30.4.1987, to transfer an extent of 1494 square yards, forming part of 2509 square yards referred to, in the agreement of sale, dated 3.9.1985. The entire consideration of rs.44,820/- is said to have been paid, and that possession was also delivered.

(3.) the father of the appellants, the first defendant filed written statement denying the existence of any agreement of sale between himself on the one hand, and mallaiah and sathaiah on the other hand, as well as the execution of the agreement of sale, dated 30.4.1987, in favour of the first -respondent.