PIDATHALA GIRIJAMBA Vs. TH NAGESWARA RAO

JUDGEMENT

(1.) The unsuccessful 1st defendant has filed the present Second Appeal against the judgment and decree dtd. 23/12/2023 in Appeal Suit No.6 of 2018 on the file of Senior Civil Judge, Kadiri reversing the judgment and Decree dtd. 6/8/2018 in O.S No.441 of 2005 on the file of Court of the Principal Junior Civil Judge, Kadiri.

(2.) The parties in this second appeal are referred to as they are arrayed in the original suit for the sake of convenience.

(3.) Brief facts of the case are that One Hebbar Lakshmamma filed the suit in O.S No.31 of 1944 on the file of the District Munsif, Penukonda, for specific performance of agreement of sale against Matta Surya and Hebbar Chalapathi (plaintiff's grandfather). The said suit ended in compromise and compromise decree dtd. 27/2/1945 was passed with a condition to execute registered sale deed in favour of Hebbar Lakshmamma on payment of Rs.1,500.00 by her within one year from the date of the said decree and that Hebbar Lakshmamma has got only limited rights of enjoyment over the property during her life time without alienation and the said property should devolve on her sons with absolute rights after her death. In pursuance of the said compromise decree dtd. 27/2/1945, Hebbar Lakshmamma paid consideration and obtained registered sale deed dtd. 6/4/1946 in her favour.