(1.) THE appellant filed O. S. No. 75 of 1994 in the Court of ii Additional Senior Civil Judge, Warangal, against the respondents for the relief of specific performance of an agreement of sale. He pleaded that the 1st respondent is the absolute owner of house bearing No. 9-7-86, Yellambazar, Warangal, with appurtenant land of 100 sq. yards; having inherited the same from her parents.
(2.) HE stated that the 1st respondent executed an agreement of sale dated 02-04-1986, agreeing to sell the property for a consideration of Rs. 60,000/ -. An amount of Rs. 25,000/- was said to have been received by the 1st respondent, as part of the consideration and delivered possession. The balance of Rs. 35,000/-was agreed to be paid at the time of registration. He pleaded that subsequent to the agreement, he paid a sum of Rs. 7,700/-, on 10-06-1987, and Rs. 9,300/-, on 30-04-1990, respectively. He complained that when he approached the 1st respondent, on 30-11-1992, with the balance of consideration, and requested for execution of sale deed, she did not agree, and started demanding additional amount. The matter was said to have been referred to the elders on 31-01-1993, and ultimately, the appellant approached the Trial Court for the relief of specific performance.
(3.) THE respondents filed a written-statement, denying the allegations in the plaint. They pleaded that the property was owned by the daughter of the 1st respondent (sister of the 2nd respondent), on the basis of a will, said to have been executed by the actual owner, the mother of the 1st respondent. The respondents pleaded that certain amount was borrowed by them from the appellant, due to their close relationship, and that taking advantage of the blank signed papers, the agreement of sale was executed.