SABBISETTI JAGANMOHAN RAO Vs. GOWRISETTI SATTEYYA

JUDGEMENT

(1.) FOR the sake of convenience, the parties hereinafter would be referred to as they are arrayed in the trial Court.

(2.) THE case of the plaintiff, in brief, is that defendant who happens to be the owner of Ac.2.00 of land specified in the plaint schedule (hereinafter referred to as the suit property) agreed to sell the same to him at Rs.10,000/ - per acre and executed an agreement to sell on 22.10.1979, as per the terms of which he has to pay Rs.10,080/ - to Sabbisetti Rattayya towards discharge of the debt covered by promissory note dated 26 -05 -1977 executed by the defendant in his favour and had paid Rs.4,920/ - as advance, and an amount of Rs.3,400/ - was adjusted towards the amount due to him from the defendant and balance of Rs.1,600/ - has to be paid at the time of registration in the first week of June, 1980, but failed to register the document after receipt of the balance amount in spite of repeated demands and a registered notice sent through his advocate.

(3.) THE case, in brief, of the defendant is that the agreement relied on by the plaintiff is a nominal one, entered into at the instance of Sabbisetti Rattayya the father of the plaintiff, who is a business man dealing in fertilizers and to whom he owed some amount as price for the fertilizers purchased by him in that shop on credit, and that the father of the plaintiff for fear that he may claim the benefit under the debt relief legislation, and avoid the amount due and payable to him, took the agreement of sale relied on by the plaintiff, in the name of the plaintiff and since he has to pay Rs.15,000/ - only to the father of the plaintiff, and since plaintiff is a stranger to him, plaintiff is not entitled to any relief.