VENNAM PRATAP REDDY Vs. SAMALA PRASAD

JUDGEMENT

(1.) Challenging the judgment and decree dtd. 10/7/2003 passed in O.S.No.196 of 1999 by the learned II Additional Senior Civil Judge, Warangal, the present appeal suit is filed.

(2.) The brief facts of the case are that the plaintiff filed a suit against the defendant seeking specific performance of an agreement for sale of a house bearing No.5/11/522/1 at Naimnagar, Hanamkonda, or alternatively, return of the sale consideration of Rs.2,37,500.00 with interest. The plaintiff alleged that the defendant, known to him since 1996, agreed to sell the house to clear debts, received the full sale price over time, and signed a sale agreement dtd. 15/3/1998 after delivering possession. Despite assurances, the defendant allegedly avoided executing a registered sale deed, prompting the plaintiff to issue a legal notice. In contrast, the defendant contended that he never agreed to sell the house, nor received any sale consideration. Instead, he alleged that under pressure from the plaintiff and others (who were creditors of a finance company where the defendant worked), he was forced to sign blank stamp papers and white papers, which were later misused to fabricate the alleged sale agreement. The defendant asserted that the plaintiff was misusing the signed papers to claim ownership and that no actual transaction of sale ever took place.

(3.) Basing on the above pleadings, the trial Court framed four issues and on behalf of the plaintiffs i.e., PWs.1 to 4 were examined and Ex.A1 to A10 are marked. DWs.1 to 4 are examined and no documents were marked on behalf of the defendants.