MIRIYALA KANTAYYA Vs. MIRIYALA VENKAMMA

JUDGEMENT

(1.) THE first respondent filed O. S. No. 67 of 1987 in the Court of district Munsif, Chintaalapudi, against the appellant and the second respondent, for the relief of specific performance of an agreement of sale, dated 20. 8. 1981. It was pleaded that the appellant and the 2nd respondent agreed to sell an extent of ac. 1. 03 cents of land for a consideration of rs. 1,050/- and that in spite of repeated demands, they did not perform their part of the contract.

(2.) THE 2nd respondent remained ex parte in the suit. The appellant alone contested the claim of the 1st respondent, by filing a written statement. According to him, the agreement of sale is a forged one and that he never agreed to sell the property. A further plea was raised to the effect that the said land was assigned in favour of his adoptive father, by name Yedla appaiah, and that the transfer thereof is prohibited under the A. P. Assigned Lands (prohibition of Transfers) Act, 1977 (for short 'the Act' ). Through its judgment, dated 26. 3. 1993, the trial Court dismissed the suit. Thereupon, the 1st respondent filed A. S. No. 74 of 1993 in the Court of Additional district Judge, West Godavari at Eluru. The appeal was allowed on 22. 3. 1995. Hence, this Second Appeal.

(3.) THE learned Counsel for the appellant submits that the alleged agreement of sale was, on the face of it, a forged document and despite the specific findings recorded by the trial Court, on several aspects, the lower appellate Court had simply believed the same to be true. He further contends that it is clear from Exs. B. l and b. 2 that the land, in question, was assigned to the predecessor in title of the appellant and that the prohibition contained under the Act operates.