MUDIDANA CHINNABABU Vs. BUDUMURU ANANDA RAO NAIDU

JUDGEMENT

(1.) On 29.10.1997 this Court made the following order: Admit in view of the substantial question of law raised in grounds Nos.12(b) and (c)

(2.) The said questions read as hereunder: 12(b): Whether the agreement of sale which is not supported by the scribe can be relied upon for granting specific performance ? 12(c): Whether an agreement of sale written on stamp papers purchased nearly one year prior to the purported date of execution can be accepted without any explanation forthcoming from the plaintiff ? This Court also granted interim stay in CMP No.12153 of 1997.

(3.) Sri Subba Reddy, representing Sri V.L.N.G.K Murthy, the learned Counsel for the appellants had pointed out that though the second appeal was admitted on the questions referred to supra, there is yet another important question, which had been shown in ground No.12(a) and this being a substantial question of law, the same may also be considered by this Court. The said question is as hereunder: 12(a): Whether the judgment of the lower appellate Court, which records the presence of a dead person as having argued for the respondents before it is a judgment in the eye of law?