- (1.) This appeal has been preferred against the impugned judgment and order dated 19.7.2002 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Appeal No. 676 of 1993, which had set aside the judgment of the trial court, wherein the suit filed by the respondent for specific performance has been dismissed vide judgment and decree dated 9.11.1992 in O.S. No. 117 of 1983.
(2.) The facts and circumstances giving rise to this appeal are: A. That the respondent/plaintiff filed two suits O.S. No. 117 of 1983 and O.S. No. 257 of 1984, seeking specific performance on the basis of agreement to sell entered into with the appellant. As per the averments made by the respondent/plaintiff, late Garre Venkata Ramakotaiah, father of the defendant Garre Mallikharjuna, had leased out the plaint scheduled properties on 29.4.1980, by way of lease deed dated 20.4.1980. The respondent/plaintiff on the basis of the lease deed, had claimed to be in continuous possession and enjoyment of the said properties. The defendant having filed the written statement, died pendentelite, thus his wife, son and daughter had been substituted as his legal representatives. They defended the suit contending that the plaint was based on false and fabricated document. Further, they claimed that the agreement to sell, alleged to have been executed by the father of the defendant, was a fabricated document and that the signature of defendant shown therein as an attesting witness, had also been forged. Thus, the suit may be dismissed. B. After conclusion of the trial, the trial court had dismissed the Original Suit No. 117 of 1983 by a judgment and decree dated 9.11.1992. C. So far as the other suit was concerned, wherein the agreement to sell had been executed by the defendant himself, it was decreed and in pursuance thereof, the sale deed was executed. The appellant/defendant had shown no objection in respect of the same. D. Aggrieved, the respondent/plaintiff preferred Appeal No. 676 of 1993 before the High Court against the order of dismissal of Original Suit No. 117 of 1983, and vide impugned judgment and order, the suit was decreed and the appellant/defendant was directed to execute a sale deed in respect of land admeasuring 4.38 acres for a consideration of Rs.30,000/-, out of which the respondent/plaintiff had already paid Rs.28,000/- to the father of the defendant. Hence, this appeal.
(3.) Shri Sanjeev Kumar, learned counsel appearing on behalf of the appellant, has submitted that the High Court has erred in relying upon the evidence of the hand-writing expert Shri Y. Sidda Reddy (PW-4). Though, the trial court has disbelieved his version, it is pertinent to note that he had categorically stated that the signatures on the agreement to sell did not tally with the specimen signatures of the defendant i.e. as an attesting witness. More so, Shri Syed Syda Saheb (PW-3), Scribe, has clearly deposed before the trial court that he did not meet the vendor or his son. Attesting witness PW-2 has admitted only his signatures on the said document, however, he denied any knowledge as to its contents. Also he has deposed that he had agreed to be a witness to the said deed, out of compulsion as the respondent/plaintiff was a hardened criminal, involved in various murders cases. More so, the respondent/plaintiff himself has raised mutually inconsistent pleas inasmuch as he has submitted that in the agreement to sell, time period of 4 months had been fixed to execute the sale deed, while in his deposition, he had deposed that the sale deed was to be executed only after the expiry of the term period of the lease. In view of above, the High Court ought not to have reversed the well reasoned judgment and decree of the trial court which had the opportunity to see the demeanor of the witnesses itself. Thus, the appeal deserves to be allowed.;