PARASA RANGA RAO Vs. MATHE SANJEEVA RAO

JUDGEMENT

(1.) THE defendant in O.S. No. 29 of 1981 on the file of the Subordinate Judge, Eluru, preferred this second appeal.

(2.) ORIGINALLY , the suit was filed by Mathey Yakob and his wife Mathey Suvarthamma, for the relief of recovery of possession of the suit schedule property and for mesne profits. It was pleaded that they are the owners of the suit schedule property through an agreement of sale, dated 21-5-1975. During the pendency of the suit, both of them died and their legal representatives, the respondents herein, were brought on record. The sole defendant in O. S. No. 29 of 1981 has filed the second appeal. During pendency of the second appeal, he died and his legal representatives were brought on record.

(3.) ON behalf of the appellants, a written statement was filed. The execution of Ex. B1 and the developments that have taken place subsequent thereto have not been denied. It was, however, alleged that the respondents did not come forward to execute the sale deed in spite of repeated requests. They also expressed their readiness and willingness to pay the balance of consideration and performed their part of obligation. The pleadings were amended subsequently. But, the relief remained substantially the same.