R.M. Lodha, J. - (1.) The original contesting parties are dead. They are now represented by their legal representatives. This is not unusual when litigation goes on for more than 25 years.
(2.) These two appeals, one by the legal representatives of Kammana Sambamurthy (original plaintiff) and the other by legal representatives of Kalipatnapu Atchutamma (original defendant No. 2) are directed against the judgment and decree dated December 23, 2002 passed by the High Court of Judicature, Andhra Pradesh, at Hyderabad. The High Court modified the judgment and decree dated July 2, 1991 passed by the Subordinate Judge, Anakapalli in a suit for specific performance of the contract. The husband of defendant No. 2 - Kalipatnapu Kamaraju - was original defendant No. 1; he is also dead. For convenience, we shall refer to the original plaintiff, the vendee; the original defendant No. 1, the vendor and the original defendant No. 2, the vendors wife. The facts, as we find them, are shortly as follow.
(3.) On February 19, 1984, the vendor entered into an agreement of sale (for short, the agreement) with the vendee in respect of a tiled house consisting of six rooms, verandah, three mulgis upstair portion consisting of one room, hall and verandah inclusive of entire area pertaining to the house along with the entire vacant site situate in door No. 9.118 bearing assessment 116 at village Payakaraopet, District Visakhapatnam (for short, the property) for a consideration of Rs. 1,00,000/-. The vendee paid Rs. 10,000/- in advance and the remaining consideration of Rs. 90,000/- was agreed to be paid at the time of execution and registration of the sale deed. The vendor in the agreement represented that he was absolute owner of the property. The agreement reads as follows: SALE AGREEMENT DATED 19-2-1984 Absolute Sale Agreement for Rs. 100000/- (Rupees one lakh) in respect of the immovable property i.e. tiled house, building upon the tiled house inclusive of entire vacant site pertaining to the house got executed and delivered on 19-2-84 in favour of Kommana Samba Murthy S/o Kommana Adaiah r/o Namavaran Village, Nekkapalli Tq. Visakhapatnam District. By Kalipatanapu Kamaraju s/o Kalipatnapu Suryanarayana r/o Payakaraopet Village, Ditto Tq. Ditto District is as follows: II. As regards the property mentioned in para No. III in schedule hereunder wherein I have possessed absolute right and enjoyment and which fell to my share in the partition effected in respect of immovable property with my brothers about forty years back and ever since has been in my possession and enjoyment and situated in southern row of G.N.T. road of Payakaraopet village i.e. the tiled house, six rooms, verandah, 3 mulgis upstair portion consisting of one room, hall and verandah inclusive of entire area pertaining to the house along with the entire vacant site there of belonging to me. I have settled to sell the same to you for the reason that I attained old age and did not have any male children and with intention to spend my rest of life with any one of my daughters and thinking that it is better to augment the cash balances as you offered today higher price, then I agreed there to and settled to sell the property to you. Having regard for a sale consideration of Rs. 100000/- (Rupees one lakh only) this agreement of sale has been executed and delivered to you. Out of the sale consideration you have paid Rs. 10000/- as advance in the presence of undersigned witnesses at the time of execution of this sale agreement and the same was received by me. Therefore starting from this date you are requested to pay by 20-6-84 the balance sale consideration of Rs. 90000/- payable to me and shall get the sale deed executed as per your plan on your name or the name chosen by you on a proper stamp paper and shall get the same registered and delivered to you at your expense. Having assured you to the effect that excepting me, none have got any right over this property and having proved that the measurements, boundaries and circumstances in respect of the property are proper and correct and that this property had not been subjected to any alienation by way of mortgages etc. and that it is an undisputed property and after making you to so believe this sale agreement has been executed and delivered to you. The say situated on the rear side of the house i.e. an extent of 3.9 feet in width and 91 feet in length happens to be the common passage to this property and also to Nudala Chekeenam Chokka Rao. As requested by you I shall obtain the witness signatures of my daughters who are near to me and those who are living in far of areas, I shall get their voluntary consent letters in your favour. III. Situated in door No. 9.118 bearing assessment 116 a tiled house consisting of six rooms, verandah, 3 mulgis, upper terrace portion consisting of a room, hall and verandah together with entire vacant site there of situated in southern row of G.N.T. road of Payakaraopet village and which has been included in Payakaraopet grama panchayat limits in Nekkapalli Tq. Visakhapatnam District and the boundaries whereof are as follows: East: 196 feet vacant site belonging to Venkata Ramalinga Swamy and others South: 54 feet houses belonging to Nemmi Gouraiah and others West: 196 feet house, site belonging to Bekivalla Bapi Raju North: 37 feet, G.N.T. Road. The house and vacant site comprising within the aforesaid boundaries has been sold to you. This is the absolute sale agreement get executed and delivered with my consent. ;