K LAKSHMIKANTAYYA Vs. M NAGAYYA DIED
HIGH COURT OF ANDHRA PRADESH
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(1.) The Second Appeal is brought by the defendants against the judgment of the Subordinate Judge of Guntur confriming that of the District Munsif of Guntur in O. S. No. 365 of 1946, granting specific performance of a part of suit contract.
(2.) The plaint contained the following allegations : Defendant 1 entered into a contract with the plaintiff by writing dated 24.6.1943 for the sale of 4 acres 3 cents for a sum of Rs. 2,438-0-0 at the rate of Rs. 605.00 per acre. On the date of the agreement, Rs. 250.00 was paid by way of advance and the balance was to be paid within a year. Subsequently, defendant 1 failed to execute a sale deed and recive the balance of consideration in spite of repeated demands, and allowed a portion of the subject-matter viz., 2 acres and 38 cents to be sold in execution of a decree obtained against him.This property wa purchased by the plaintiff in court auction for Rs. 1,000.00. Later on the plaintiff required defedant 1 to fulfil the terms of the contract in regard to the 1 acre and 65 cents left unsold, and the defendants refused to comply with this demand. It was prayed in the plaint that the defendants should be directed to execute a conveyance in respect of 1 acre 65 cents mentioned in A schedule for a price of Rs. 998-4-0.
(3.) The suit was resisted by the defendants, inter alia, on the ground that the agreement relied upon was a forgery, and that the plaintiff was not entitled to "split the contract for a execution of a deed for a portion of the property for a portion of the consideration".;
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