GANDA NAGAMMA Vs. NERIYANURI VENKATASUBBAIAH AND ANOTHER

JUDGEMENT

(1.) This appeal under clause 15 of the Letters Patent has been filed without obtaining the leave of the learned Judge, who disposed of C.M.A. No. 248 of 1955.

(2.) The facts that have contributed to this litigation may be briefly narrated. The appellant filed a suit for possession of the suit house claiming under the will of one Seetharami Reddi executed on 11th April, 1948. This house originally belonged to defendants 1 and 2, who are the respondents before us. They sold it to the said Seetharami Reddi under Exhibit A-1, dated 21st August, 1940, for a consideration of Rs. 250. However, the vendors continued in possession of the suit house as lessees under the said Seetharami Reddi. Three months later, the parties entered into an arrangement by and under which the suit house was to be reconveyed to the vendors, if a sum of Rs. 325 was paid by them on or before the 24th November, 1943, failing which the vendee could sell the property in open auction and out of sale proceeds take only Rs. 325 and pay over any surplus to the vendors. It was further agreed that in the event of the sale in open auction not fetching Rs. 325 the difference should be paid by the vendors to the said vendee. It is not disputed that the vendors did not pay the amount of Rs. 325 by the due date. Sometime prior to his death, the said Seetharami Reddi executed his last will and testament bequeathing the property in dispute to the plaintiff. It is to recover possession of this property that the present action was laid.

(3.) The suit was resisted on the defences that the agreement embodied in Exhibit B-1 required the vendee or persons claiming under him to auction the property in default of the vendors not paying the stipulated amount within time and that till the terms of Exhibit B-1 were complied with no relief could be granted to the plaintiff.