K RANGA REDDY Vs. CH KANAKAMMA

JUDGEMENT

(1.) The appellant herein was the original plaintiff in O.S. No.19 of 1974 which was filed in the Court of the Principal Subordinate Judge, Tirupathi, against the respondents-defendants herein.

(2.) The plaintiff had instituted the suit for specific performance of agreement of sale. It was alleged by the plaintiff that the suit schedule property was agreed to be sold to him under the Ex. A-1 agreement by the father of Defendant No.l named V. Ranga Reddy. At the time of executing Ex.A-1, Ranga Reddy was alleged to have accepted Rs. 13,000.00 from the plaintiff and had agreed to execute the sale deed in favour of the plaintiff in due course by accepting a sum of Rs.2,000.00. It was further alleged by the plaintiff that at the time of executing Ex.A-1 agreement of sale, the possession was handedover to him and when Ranga Reddy did not execute the agreement of sale (sic. sale deed), the plaintiff was constrained to issue notice to Ranga Reddy calling upon him to execute the agreement of sale (sic. sale deed). It was also alleged by the plaintiff that Ranga Reddy did reply to the said notice through his Advocate in which he admitted to have (executed the agreement of sale in favour of the plaintiff and he showed his willingness to perform his part of the contract. The plaintiff filed the present suit after the death of Ranga Reddy against the defendants-respondents herein being the legal representatives of the plaintiff (sic. Ranga Reddy).

(3.) The defendants on appearance filed the written statement and denied the averments made by the plaintiff. It was the specific case of Defendant No.l in the suit that her deceased father V.Ranga Reddy did not execute the agreement of sale at any point of time. On the contrary, he executed a settlement deed Ex.B-7 in her favour on 4-1-1974 and it was subsequently registered on 7-1-1974. The plaintiff thus has no right to prosecute the suit. With these averments, it was prayed by the defendants that the suit be dismissed.