PARASA RANGA RAO Vs. MATHS 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.) The respondents pleaded that the suit schedule property belongs to them and through an agreement of sale, dated 21-5-1975, Ex.B-1, it was agreed to be sold to the appellants for a consideration of Rs.10,500/-. An amount of Rs.2,000/- was said to have been paid and the possession of the land was delivered on the date of agreement itself. Subsequently, the appellants paid a sum of Rs.3,355/- on 5-1-1979. Alleging that the appellants did not pay the balance of consideration in spite of repeated demands, the respondents got issued a legal notice dated 29-12-1980, Ex.A-1, requiring the appellants to re-deliverthe possession of the suit schedule land within fifteen days from the date of receipt of the same. The appellants got issued a reply, dated 24-7-1980, marked as Ex.A-4, denying the allegations in Ex.A-1. The respondents soughtforthe relief alleging thatthere were no bona fides on the part of the appellants and that they are entitled for recovery of possession of the suit schedule land, together with mesne profits.