KHAJA MOINUDDIN KHAN Vs. S P RANGA RAO

JUDGEMENT

(1.) Aggrieved by the judgment and decree in O. S. No. 132 of 1982 dated 28-12-1983 on the file of the Addl. Chief Judge, City Civil Court-cum-I Addl. Special Judge for SPE and ACB Cases, Hyderabad, the first defendant preferred this appeal.

(2.) The appellant herein and the respondent Nos. 2 to 5 are the owners of the plaint schedule property. The appellant is the manager of the property. It appears that there were some legal proceedings pending against the property, including proposals for acquisition of the schedule land by the A. P. Housing Board. For the purpose of conducting the said litigation, the appellant approached the first respondent-Plaintiff for a loan of Rs. 20,000.00. The first respondent agreed to lend the money on certain terms evidenced by Ex. A. 1, a registered agreement. It can be gathered from Ex. A. 1-agreement that various proceedings mentioned therein are pending against the suit schedule property. The relevant portion of the agreement for the purpose of this case reads as follows :"WHEREAS the party of the first part offered to the party of the second part the due payment of a sum equivalent to 40% (forty per cent) of the total compensation that will be paid and be received for the lands bearing Survey Nos. 47, 48, 49 (and extent of c. 15-24 guntas) situate in Madannapeta village, from the compensation first realised in respect of any of the items of the lands aforesaid from the A. P. Housing Board in pursuance of the award passed in the said claim, in consideration of the party of the second part advancing to the part of the first part the sum of Rs. . . . . . . . . . . . . . . . . . . ."It is also further stipulated in the agreement as follows :

(3.) Complaining that the terms of the above-mentioned agreement have not been complied with by the appellant, the suit was instituted by the first respondent herein with the following prayer :To granta) a decree for Rs. 39.249.00 against the defendants with further interest at 12% per annum from 30-10-1981 till the date of payment and costs;b) a decree for rendition of compensation or sale proceeds of the plaint schedule lands and for payment of 40% of the same less interest of Rs. 23,042.50 claimed above.c) for sale of the plaint schedule charged lands for realisation of the decretal amount and costs under preliminary and final mortgage decree and for personal decree against the defendants, if the plaint schedule lands do not exist or if the sale proceeds of the same are not sufficient to meet the decretal amount;d) for such other relief or reliefs as the Hon'ble Court deems fit and proper under the circumstances of the case.