THOTA SUBBA RAMA REDDY Vs. PENUMADHI RAMA MURTHY

JUDGEMENT

(1.) THIS appeal is filed challenging the judgment and decree dt.03 -08 -1998 in O.S.No.27 of 1989 of the Principal Senior Civil Judge, Tirupati. The appellant is 1st defendant in the suit. The 1st respondent herein filed the said suit for specific performance of an agreement of sale dt.21 -11 -1985 executed by Thota Parameswara Reddy, the brother of the appellant in his favour agreeing to sell the house bearing D.No.10 -5 -246 (for short 'D.No.246) in Doddapuram street, new Ward No.10 of Tirupati to him.

(2.) THE 1st defendant and Parameswara Reddy are sons of Thota Narayana Reddy. Parameswara Reddy died in January, 1988. The 1st respondent herein had also agreed to purchase another house bearing Door No.10 -5 -243 (for short 'D.No.243') from the said Parameswara Reddy under a separate agreement to sell. In that premises, there was a tenant by name G.Venkata Subba Raju. Alleging that the said Parameswara Reddy had agreed to sell the premises D.No.243 to him under an agreement to sell dt.06 -05 -1984 for a sum of Rs.1,00,000/ - and received Rs.90,000/ - towards sale consideration, the said Venkata Subba Raju had filed O.S.No.132 of 1985 before the Additional Subordinate Judge, Tirupati against Parameswara Reddy and the plaintiff herein. The plaintiff and Parameswara Reddy filed written statements denying the same and contended that on 11 - 04 -1985, 1st defendant had sold the said property to plaintiff for a valid consideration. By judgment and decree dt.21 -09 -1987, the said suit was dismissed.

(3.) IN respect of the premises D.No.246, which is subject matter of the present appeal, as stated above, there was an agreement to sell dt.21 -11 -1985 executed by Parameswara Reddy in favour of plaintiff herein. The total consideration fixed therein was Rs.1,10,000/ - of which Rs.15,000/ - was paid as advance on the date of Ex.A -1 and balance Rs.95,000/ - was to be paid on or before 20 -05 -1986. It also contained a recital that this property had been given to him under a Will dt.17 -04 -1983 (Ex.A -2) executed by his wife Papamma.