B MANMADHA RAO Vs. RAJA R R K RANGA RAO
HIGH COURT OF ANDHRA PRADESH
BARATAM MANMADHA RAO
RAJA RAO RANGAMANNAR KRISHNA RANGA RAO, ZAMINDAR OF KIRLAMPUDI
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G.Radhakrishna Rao, J. -
(1.)This is an appeal preferred against the judgment and decree dated 24th April, 1982 passed by the learned Subordinate Judge, Parvathipuram, in O.S.No.56 of 1978 on his file. The plaintiff is the appellant. His suit for specific performance of agreement to sell dated 16-11-1977 (Ex.A-1), after full trial, was dismissed by the trial Court.
(2.)The case of the plaintiff is that the 1st defendant agreed to sell the plaint schedule property, viz., Sri Venugppal Talkies, to the plaintiff. The terms were settled between the plaintiff and the 1st defendant in the presence of P.W.2, Varanasi Eswara Rao and the terms agreed to between the parties are that the plaintiff should pay a price of Rs.3,01,111/- that the 1st defendant should take back the 2nd defendant into his own service and that the plaintiff should employ the rest of the staff. The 1st defendant's plea is that he was in dire necessity for money as the theatre was attached by four decrees and that it was subjected to many mortgages and so he entered into the suit agreement but he could not deliver physical possession of the theatre as it was subjected to lease given in favour of defendants 2 to 5 even prior to the execution of the agreement to sell.
(3.)The 1st defendant relied upon Ex.B-1 leasedeed executed by him in favour of defendants 2 to 5 agreeing to give the cinema theatre on lease. Under the said lease deed Ex.B-1, among other conditions, defendants 2 to 5 have agreed to pay a net income of Rs.150/- every day by way of rent to the 1st defendant. Ex.B-2 is confirmatory agreement dated 29-10-1976 executed by the 1st defendant in favour of defendants 2 to 5 and Ex.B-3 is agreement of lease or rent note dated 17-8-1977 executed by the 1st defendant in favour of defendants 2 to 5 in respect of out-houses, covered by confirmatory agreement Ex.B-2 dated 29-10-1976, for a monthly rent of Rs.100/-.
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