D LAKSHMINARAYANA CHETTY Vs. AVULA KRISHNAIAH

JUDGEMENT

(1.) The defendants in O.S.No.670 of 1976 in the Court of the Principal District Munsif, Madanapalle filed this second appeal. The transaction, which is the subject matter of these proceedings, was between the deceased first appellant and first respondent. For the sake of convenience, the parties are referred to, as the appellant and the respondent.

(2.) The suit was filed by the respondent for a decree, directing the appellant to refund a sum of Rs.4,500/-, together with interest at the rate of 6% per annum. It was pleaded that the appellant offered to sell an extent of Ac.0.21 cents in Sy.No.958 of Sakirevuvaripalli village of Chittoor District for a consideration of Rs.4,500/-. An agreement of sale is said to have been executed on 16.01.1976. It was alleged that the entire consideration for the land was paid, but at a later point of time, notices were received from the third parties, claiming rights vis-a-vis the land. The respondent got issued a notice, dated 29.03.1976, Ex.A2, calling upon the appellant to produce the title deeds, get the land measured and to execute the sale deed. In the alternative, he demanded refund of Rs.4,500/-. Alleging that no reply was issued to it, he filed the suit.

(3.) The appellant filed a written statement stating, inter alia, that on receiving the entire consideration, the possession of the suit schedule property was delivered, after measurement and that the transaction was preceded by verification of title. He further stated that no third parties have any right vis-a-vis the land and that he has prepared to execute the sale deed.