RADA JAGGA RAO Vs. RADA KAKAMMA

JUDGEMENT

(1.) Defendant no.1 is the appellant against a confirming judgment in a suit for declaration that the sale deed executed by the plaintiff in favour of defendant no.1 and agreement for sale in favour of defendant no.2 are not valid and binding on the plaintiff, delivery of possession and mesne profit.

(2.) The facts shortly stated are thus:

(3.) Pursuant to issuance of summons, defendant nos.1 and 2 entered appearance and filed separate written statements. Defendant no.1 has not disputed the factum of partition and execution of the will by his father in favour of his mother on 7.8.1973. His case is that he has purchased Ac.0.36 cent of land from the plaintiff for a consideration of Rs.1200/ - on 13.8.1975 by means of registered sale deed. After sale, he exercised all acts of ownership over the land. No fraud was played on her. With regard to agreement for sale, it is stated that the plaintiff had executed an agreement for sale in favour of defendant no.2 and received the advanced consideration. There was no question of fraud or misrepresentation. With regard to item no.3 of the suit properties, it is stated that he is in possession of Ac.0.36 cents of land bequeathed to the plaintiff and used to pay usufructs to her. It is further stated that the suit is barred by time inasmuch as the plaintiff had knowledge the execution of the sale deed on 13.8.1975. The suit was not filed within three years from the date of execution of the sale deed.