KURAPATI LAKSHMIKANTAYYA Vs. MADAMANCHI NAGAYYA

JUDGEMENT

(1.) The second appeal is brought by the defendants against the judgment of the Subordinate Judge of Guntur confirming that of the District Munsif, Guntur, in O.S. No. 365 of 1946, granting specific performance of a part of suit contract.

(2.) The plaint contained the following allegations.-The 1st defendant entered into a contract with the, plaintiff by writing dated 24th June, 1943, for the sale of 4 acres and 3 cents for a sum of Rs. 2,438 at the rate of Rs. 605 per acre. On the date of the agreement, Rs. 250 was paid by way of advance and the balance was to be paid within a year. Subsequently, the ist defendant failed to execute a sale deed and received the balance of consideration in spite of repeated demands, and allowed a portion of the subject-matter, viz., 2 acres and 38 cents to be sold in execution of a decree obtained against him. This property was purchased by the plaintiff in Court auction for Rs. 1,000. Later on the plaintiff required the ist defendant to fulfil the terms of the contract in regard to the 1 acre and 65 cents left unsold, and the defendants refused to comply with this demand. It was prayed in the plaint that the defendants, should be directed to execute a conveyance in respect of 1 acre and 65 cents mentioned in A schedule for a price of Rs. 998-4-0.

(3.) The suit was resisted by the defendants inter alia on the grounds that the agreement relied upon was a forgery, and that the plaintiff was not entitled to "split the contract for execution of a deed for a portion of the property for a portion of the consideration." The trial Court gave a decree as prayed for, which was confirmed in appeal by the Subordinate Judge. Both the Courts took the view that the case is governed by section 16 of the Specific Relief Act.