K. VENKATASUBBAYYA Vs. K. ROSAYYA AND ORS.

JUDGEMENT

(1.) THE Plaintiffs purchased the plaint schedule property from Defendant 5 under Ex. A -l dated 14 -5 -1943 for a sum of Rs. 500/ -. The same property was agreed to be sold to Defendant 1 by Defendant 5 under Ex. B -3 dated 11 -7 -1942 and he was put in possession of the property on the . said date. Defendant 1 filed O. S. No. 175 of 1945 on the file of the Court of the District Munsif, Bapatla for specific performance of the said agreement. That suit was dismissed by the first Court and it was confirmed on appeal by the Sub -Court and on Second Appeal by the High Court.

(2.) DEFENDANTS 2 to 4 were ex parte.

(3.) THE learned District Munsif found that the Plaintiff's took the sale deed with knowledge of the" prior contract in favour of Defendant 1, that Defendant 1 was guilty of laches and had abandoned his right under the suit contract and that he was not anxious to perform his part of the contract. In this view, he held that Defendant 1 could not rely upon Section 53A, Transfer of Property Act.