CHEKKA VENKATA SURYANARAYANA MURTHY Vs. APPANA VEERRAJU

JUDGEMENT

(1.) This L. P. A. arises out if a purchasers suit for specific performance of agreement of sale (Ex. A-2) dated 1-2-1961 by which the defendants father Sriramulu, who died on 3-4-1961, having received Rs. 200.00 agreed to sell the house No. 3/10 0f Thallarevu village in East Godavari district, and received Rs. 100.00 on 15-3.1961 out of the total consideration of Rs. 400.00. In Ex. A-2 the parties fixed the dated for performance fixed the date for performance as on 1-6-1961 or earlier. The suit, however, was field on 12-11-1968.

(2.) The suit house was the subject- matter of dispute in O. S. No. 30/60 on the file of the District Munsifs court at Kakinada, in which Maneoalli, Veerraju claimed possession. Sriramulu, the defendant in the suit, was defending his tittle to the house. The suit was dismissed on 20-1-1961, twelve days earlier to the execution of the agreement of sale, Ex. A-2. The suit ultimately dismissed the suit. The plaintiff at first, on 18-5-1961 issued notice and demanded performance and again on 4-9-1986, after the suit is finally decided, issued, for the second time, noticed for performance of the agreement.

(3.) The defendants resisted the specific performance on the ground that it was barred by limitation under Art, 113 of the Limitation Act (Act 9 of 1908), (Act 36 of 19630),