Decided on August 31,1955

Nuthaki Venkataswami Appellant
Katta Nagi Reddy (Died) And Others Respondents


SATYANARAYANA RAJU, J. - (1.)These appeals arise out of a judgment and decree of the Court of the Subordinate Judge, Nellore in O.S. No.239 of 1953.
(2.)For a better appreciation of the contentions raised in these appeals, it will be convenient to give a brief sketch of the antecedent events which have culminated in the present litigation. One Polur Veerabrahmayya, a resident of Nellore, died on December 18, 1942. His wife predeceased him. At the date of his death, Veerabrahmayya was possessed of a terraced house, a vacant site and wet land of the extent of Ac. 5-78 cents, situated in the villages of Yellayapalem and Chintareddipalem. The 1st defendant; who is the wife's brother of Veerabrahmayya, claimed his properties under a will dated December 17, 1942, alleged to have been executed by Veerabrahmayya. Shortly after the testator's death the 1st defendant filed O.S. No.149 of 1943 on the file of the District Munsif'a Court, Nellore to establish his title under the will and to recover possession of the properties mentioned in the plaint schedule. The trial Court dismissed the suit on-March 16, 1946.
Against the adverse decision of the trial Court, the 1st defendant was obliged to prefer an appeal; but he had not the necessary funds to prosecute the appeal. In this situation, after approaching several people for financial assistance for carrying on the litigation in its further stages, the 1st defendant applied to the plaintiff for advancing him the necessary funds for prosecuting the appeal. The plaintiff having acceded to the request of the 1st defendant, he and the defendant entered into an. agreement which was subsequently reduced to writing on June 29, 1946. Pursuant to the agreement, the plaintiff advanced certain sums required for filing and conducting-the appeal in the District Court, Nellore.

The appeal filed by the 1st defendant in the District Court was eventually allowed on March 6, 1947. The appellate decision was confirmed by the High Court of Madras in S.A. No.1824 of 1948 on October 22, 1952 After the successful termination of the litigation, which resulted in establishing the 1st defendant's title to the properties left by Veerabrahmayya, under his will, the plaintiff called upon the 1st, defendant to execute a registered sale deed in his favour in respect of a -th share of the properties decreed to the 1st defendant in the above litigation. This, according to the plaintiff, was that he was entitled to under the agreement, Ex. A-8 dated 29th Jane, 1946. Not having obtained satisfaction from the 1st defendant, the plaintiff instituted the suit; out of which the above appeals arise for specific performance of the agreement by the execution of a deed of conveyance in respect of a -th share of the properties comprised in the schedules appended to the plaint.

(3.)The 1st defendant resisted the suit on several grounds. He denied having executed the suit agreement, Ex. A-8. He pleaded that the plaintiff did advance any monies for prosecuting the litigation nor rendered any services. The further ground of defence was that the agreement, even if true, was a fair and reasonable one.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.