K S RAMACHANDRA RAO Vs. M MOHANA RAO

JUDGEMENT

(1.) .This appeal is directed against the judgment and decree dated 20-4-1989 passed by the learned Subordinate Judge at Kovvur in A.S.No. 53/1982 on his file confirming the judgment and decree dated 31-3-1982 passed in O.S. No. 726/1978 on the file of the Principal District Munsif at Kovvur, West Godavari District.

(2.) . The appellants herein are defendants 1, 2, 5 to 9 and the respondent No. 1 is the plaintiff and respondents 2 and 3 herein are the defendants 3 and 4 in that suit O.S. No. 726/1978. This appeal against R-2 and R-3 was dismissed for default by the order dated 23-4-1993. The parties are being referred as they are arrayed in the suit for the sake of convenience.

(3.) The 1st respondent-plaintiff filed the said suit for specific performance of agreement of sale dated 11-1-1972 directing the defendants to execute a registered sale deed in terms of the agreement and put the plaintiff in possession of the same and in default permit the plaintiff to take the sale deed through Court. The plaintiff's case is that late Atchuta Rama Rao and defendants 1 to 6 who are his sons are the owners of the suit property. The 7th defendant is the widow and defendants 8 and 9 are the daughters of late Atchuta Rama Rao. The suit property consists of two items. The 1st item consists of 350 Sq. yards in R.S.No. 645 within the specific boundaries and item No. 2 consists of 126 Sq.yards in the same survey number within the specific boundaries adjoining item No.1. Late Atchuta Rama Rao and the defendants 1 to 6 agreed to sell item No. 1 to the plaintiff for Rs. 4,025/- and after receiving a sum of Rs. 1,100/- the defendants executed the agreement of sale dated 11-1-1972 (Ex. A-1) in favour of the plaintiff). It was agreed that the balance of sale consideration of Rs. 2,925/- has to be paid by the plaintiff within three months from the date of the agreement and to obtain the registered sale deed at his expense. The plaintiff made a further payment of Rs.500/- on 12-2-1972 to late Atchuta Rama Rao who received on his behalf and on behalf of his sons and made endorsement on Ex. A-l and the plaintiff was also directed to pay the balance of consideration to 3rd defendant. Accordingly, the plaintiff made the payments of Rs. 1,400/- on 1-3-1972 and Rs. 1,025/- on 6-2-1972 to the 3rd defendant who made endorsements Exs. A-3 and A-4 on the agreement of sale Ex. A-l. It is also the case of the plaintiff that the 3rd defendant received a further payment of Rs. 1,000/- on 12-4-1972 towards the sale consideration of item No. 2 of the suit property and agreed to sell the same to the plaintiff. Thus the defendants received the entire sale consideration under the agreement of sale under Ex. A-l, that in view of the ordinance prohibiting the alienation of properties the plaintiff could not enforce the contract of sale Ex. A-l and after that ordinance has been repealed by Act 33 of 1976 on 17-2-1976 the plaintiff became entitled to obtain a registered sale deed under that agreement of sale. Thereafter the plaintiff issued registered notice dated 14-4-1978 under Ex. A-6 to the defendants. The defendants though received the notice failed to give any reply except D-3, and D-3 written a letter dated 18-5-1978 under Ex-A-7 expressing his willingness and readiness to execute the sale deed. Thus as the defendants, except D-3, failed to perform their part of the contract after receiving the entire sale consideration the plaintiff has filed the suit for the reliefs as stated supra. The defendants 3 and 4 remained ex parte.