SIRIGINA RAMA LAKSHMI Vs. BANTUPALLI SURYA BHASKERRAO

JUDGEMENT

(1.) The 1st defendant in Original Suit No. 19 of 1979, on the file of Sub-ordinate Judge (Now Senior Civil Judge), Tanuku, West Godavari District (for short, 'the trial Court'), preferred this appeal against the impugned decree and judgment dated 27.2.1990, wherein the suit filed for specific performance of agreement of sale dated 3.6.1978 was decreed in favour of the plaintiff and against the 1st defendant. The appellant herein was the 1st defendant and the 1st respondent herein was the plaintiff before the trial Court, in OS No. 19 of 1979. For the sake of convenience, the parties hereinafter will be referred as arrayed before the trial Court.

(2.) During pendency of this appeal, appellant herein died and her legal representatives i.e., appellants 2 to 6 herein were brought on record as per the orders of this Court in ASMP Nos. 1885, 1886 and 1887 of 2012 on 3.6.2013 and respondent herein died and his legal representative i.e., 2nd respondent herein was brought on record as per the orders of this Court in ASMP No. 2160 of 2012 on 25.9.2013.

(3.) The plaintiff filed the suit for specific performance of agreement of sale, initially, against defendants 1 to 3 and later, 3rd defendant died and her legal heirs i.e., defendants 4 and 5 were brought on record, alleging that the 2nd defendant obtained land belonging to Someswaraswamy Temple of Nidadavole on lease and failed to pay arrears of maktha to the temple; thereupon, the temple authorities filed a suit in OS No. 19 of 1967, obtained a decree for recovery of amount, filed Execution Petition No. 73 of 1974 for recovery of the amount and brought Ac.0.80 cents of suit schedule property for sale in execution of decree in EP No. 73 of 1974 on the file of Sub-ordinate Judge, Tanuku. Expecting that the property will be sold in Court auction for lesser amount, 2nd defendant requested the plaintiff to lend Rs. 13,000/- to him, so that he can purchase the property in the name of his wife, 1st defendant, and later execute a registered sale deed in favour of the plaintiff at a reasonable price. Due to friendship between the plaintiff and 2nd defendant, believing the representation of the 2nd defendant, plaintiff lent an amount of Rs. 13,000/- to the 2nd defendant, obtained a promissory note for the said amount. Subsequently, 2nd defendant received an amount of Rs. 2,000/- from the plaintiff from time to time. 2nd defendant was successful in getting the sale knocked down in favour of his wife, 1st defendant, in the Court auction held by the Sub-ordinate Judge, Tanuku, in EP No. 73 of 1974 in OS No. 19 of 1967. Thus, the sale was confirmed in favour of the 1st defendant. Thus, the 1st defendant, who is the wife of 2nd defendant, became owner of the schedule property by virtue of purchase in the Court auction.