VUPPALAPATI BUTCHIRAJU Vs. RAJAH SRI RANGA SATYANARAYANA RAMACHANDRA VENKATA NARASIMHA BHUPALA BHALAVAYUNIM VARU

JUDGEMENT

(1.) This appeal is from the decision of the Additional District Judge, Nellore given on 6/04/1959 whereby he allowed the appeal filed by the 1st defendant and after disallowing the appeal preferred by the plaintiffs dismissed the plaintiffs suit in toto.

(2.) The necessary facts in order to appreciate the contentions raised before me are that the 1st defendant entered into an agreement to sell his lands admeasuring 27 acres 35 cents for a sum of Rs. 6,000.00 to the plaintiffs, and after receiving an advance of Rs. 300.00, executed an agreement to that effect on 12/05/1953, Ex. A-1. It was agreed under the terms of the said agreement that the balance will be paid on or before 4/06/1953, and that the sale deed would be got executed and registered. It was stated that the plaintiffs took the balance of money on 4/06/1953 to the 1st defendant, who declined to receive the same. It was alleged that the plaintiffs were ready and willing to perform their part of the contract, but the 1st defendant entered into an agreement to sale or relinquish his rights in favour of defendants 2 and 5, and executed an agreement to that effect on 22-6-1953. In pursuance of that agreement, a relinquishment deed was executed on 27-11-1955 during the pendency of the suit.

(3.) The plaintiffs treating the conduct of the 1st defendant as breach of contract, instituted the present suit for specific performance, and deposited the balance of the price in the court along with the suit. This suit was filed in April, 1955.