APPA RAO B Vs. M PEDDY REDDY

JUDGEMENT

(1.) This Second Appeal is filed against the Judgment and decree in A.S. No. 156 /1992 on the file of the Second Additional District Judge, East Godavari at Rajahmundry dated 14-2-1994 confirming the judgment and decree in O.S.No. 11/1982 confirming the judgment and decree in O.S.No. 11/1982 on the file of the Subordinate Judge, Rajahmundry, who decreed the suit of the plaintiff for specific performance of Ex. A-1 agreement of sale dated 19-10-1978 while declaring that Ex. B1 agreement for sale dated 24-10-1973 propounded by defendant No. 9 - appellant herein as false and fabricated.

(2.) The brief facts giving rise to this second appeal are as under: The land bearing RS. No. 144 measuring 2 acres (0.809 hectares) on the southern side out of total extent of 9 acres 13 cents situated at Ramadasupeta Panchayat, Rajahmundry Rural of East Godavari District, originally belonged to Jala Venkayamma, mother of respondent Nos. 2 to 7 and mother-in-law of respondent No.8 herein. Jala Venkayamma entered into an agreement of sale of the above land with respondent No.l herein for a consideration of Rs. 14,000/- and she executed a registered agreement of sale on 19-10-1978 having received a sum of Rs. 6,000/- as part payment and she agreed to receive the balance of sale consideration of Rs. 8,000/- at the time of registration of sale deed within three months thereof. Respondent No.l has been ready and willing to perform his part of the contract and got ready to pay the balance sale consideration and requested Jala Venkayamma to fix up a date and time for the execution and registration of the sale deed, but she went on postponing the same under one pretext or the other. Respondent No.l, therefore, got a registered notice issued on 13-12-1981 intimating his readiness to perform his part of the contract and calling upon her to fix up a date to execute and register the sale deed, but she did not reply nor she fulfilled her part of the contract though she received the notice on 18-12-1981. Hence, respondent No.l filed a suit for specific performance of agreement for sale dated 19-10-1978 against Jala Venkayamma. She died during the pendency of the suit O.S.No. 11/1982 on the file of the Subordinate Judge, Rajahmundry and thereupon respondents No.2 to 7 as well as her son Jala Venkateswara Rao were brought on record as her legal representatives. Subsequently Jala Venkateswara Rao also died and hence respondent No. 8 herein was brought on record as his legal representative.

(3.) While so, respondent No.l came to know that respondent Nos.2 to 7 and husband of respondent No.8 in collusion with the appellant brought into existence a fabricated agreement of sale purportedly executed by late Jala Venkayamma and on the strength of such fabricated agreement, stage-managed proceedings in OS.No. 651/1986 on the file of Principal District Munsif, Rajahmundry, who decreed that suit in favour of the appellant and the above proceedings culminated in a registered sale deed. Thereupon, respondent No.l filed I.A.No. 2458/90 seeking amendment of the plaint and the same was allowed on 25-2-1991 incorporating paras 5 (a) to 5 (c)and para