P VENKAYAMMA Vs. K VENKATARAMANA

JUDGEMENT

(1.) The sole defendant in O.S.No.158 of 1987 on the file of the Principal Subordinate Judge, Kakinada is the appellant. The deceased respondent filed the suit for the relief of specific performance of an agreement of sale, dated 05.05.1984. He pleaded that his wife late Smt.Koppisetti Mangadevi entered into an agreement with the appellant to purchase an extent of Ac.0.50 cents of land in Sy.Nos.174/4 and 174/5 of Toorangi Village at the rate of Rs.50,000/- per acre and a sum of Rs.1,500/- was paid as advance. It was complained that in spite of repeated demands, the appellant did not execute the sale deeds in respect of the property agreed to be sold. Reference was made to the notices that were exchanged between the parties.

(2.) The appellant admitted the execution of agreement and receipt of Rs.1,500/- as advance. It was, however, contended that four sale deeds were executed in respect of Ac.0.40 cents of land in favour of the holder of the agreement i.e.Mangadevi and her three other nominees on 05.07.1984 and she expressed her willingness to execute the sale deed in respect of balance of Ac.0.10 cents.

(3.) Through its judgment, dated 23.09.1993, the trial Court decreed the suit, as prayed for. Aggrieved thereby, the appellant filed A.S.No.112 of 1993 in the Court of the IV Additional District Judge, East Godavari at Kakinada. The appeal was dismissed on 28.04.1997. Hence, this second appeal.