BAGIRITI Vs. LAXMIBAI

JUDGEMENT

(1.) THIS is a civil suit between two ladies, residents of the Ramkote, a thickly populated Mohalla of the city of Hyderabad. It appears that both these ladies have a house adjoining their houses. The Plaintiff lady claims this house on the ground that there was an agreement to sell it to her and a sum of Rs. 25/ - was paid by her to Defendants 2 and 3 as advance money, there after the two Defendants sold this house to Defendant No. 1.

(2.) IT must be remembered that the relief the Plaintiff lady has come forward for is in the nature of specific relief and is purely in its inception an equitable relief. In considering the facts of this case, I shall, therefore, be influenced to a certain extent by equitable considerations in this respect, see, 30 Deccan LR 383. As to the first point raised by the Defendant lady that the agreement of sale is in fact the sale deed, I am of opinion that in view of the fact that this document has been drafted without any legal advice perhaps on the advise of some pyrocar or ordinary clerk much importance cannot be attached to the phraseology used. What I should see is the real purpose and intention of the parties and the anxiety to bind them (Vendors) with so much responsibility as possible might have induced the draftsman to employ such words as sold out in sale etc., (the document is in Telugu language). I therefore hold that it is a mere agreement of sale and not a sale deed.