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Andhra Pradesh High Court
Judges : S.ANANDA REDDY
Kanigolla Lakshamana Rao - Appellant
Versus
Gudimetla Ratna Manikyamba - Respondent
Decided On : 01-22-03
Code of Civil Procedure – Order 6, Rule 1 – Settlement – Agreement – Specific Performance – Whether the said document Ex. B-1 can be relied on as family settlement, and thus there is consideration for Ex. A-1 agreement of sale, when both the Courts found held that there was no payment of cash consideration of Rs. 12,000/- as pleaded and sought to be proved by the plaintiff – Whether the decision of Court below relying upon a new case not pleaded in the plaint and no issue is framed, for passing of consideration under Ex. A-1 agreement of sale of immovable property in a suit for specific performance of said agreement, which is discretionary relief, is vitiated by error of law – Held, The 1st defendant himself has come up before the court with the case that there was a settlement of disputes between the parties, in pursuance of which, Ex – B-1 was executed by him, scribed by the same author, who scribed Ex – A-1 agreement, and let in evidence through his witnesses stating that there was a settlement of the disputes between the parties – Accordingly, 1st Defendant executed Ex – A-1 agreement and the plaintiff and her husband and sons executed, Ex. B-1, in favour of the defendant – If both the documents are read together, it is clear that there was a settlement between the parties under which the 1st defendant had agreed to give back the suit schedule property to the plaintiff s family – Under the above circumstances, there is absolutely no merit in the contention of the 1st defendant, as to the want of pleadings or issues – The defendant himself pleaded the settlement, which was based to decree the suit – Therefore, there is no prejudice to the Defendant – Judgment and decree does not suffer any illegality or irregularity, warranting interference by this Court in this second appeal – Appeal dismissed
( 1 ) THIS second appeal by the 1st defendant is directed against the judgment and decree of the Additional District Judge, West Godavari in A. S. No. 141 of 1985 dated 14th Sept. 1993 under which the decree granted by the Subordinate Judge, Kavur in O. S. No. 7 of 1980 dated 10th Oct. 1985, was confirmed.
( 2 ) THE first respondent herein is the plaintiff, who filed the suit with the following pleadings :-THE 1st Defendant is the son-in-law of the plaintiff. On 21-2-1972, the plaintiff s husband and her sons executed a Registered Settlement Deed in respect of 2 acres of land situated at Lakkavaram, in favour of the 1st respondent and his wife, Sita Naga Lakshmi Kumari, who is the daughter of the plaintiff. The said Sita Naga Lakshmi Kumari died on 31-7-1979 at Eluru. The plaintiff, her husband and sons went to Eluru and after cremation was over, the plaintiff asked the 1st defendant about certain monies given by her to the 1st defendant for the purpose of business, amounting to Rs. 12,000/ -. The 1st Defendant told the plaintiff that since his wife died, he has no interest at Lakkavaram and offered to sell the plaint schedule property to the plaintiff for the amount due to her. Accordingly, he executed Ex. A-1 agreement of sale on 1-8-1979 agreeing to execute a regular sale deed within 15 days, for a consideration of Rs. 12,000/-, which was already received. The possession of the suit land was delivered to the plaintiff, as per the recitals in the agreement. The said agreement was executed in the presence of the plaintiff, her husband, 1st defendant s brother Krishna Rao and his sister s husband Mullapudi Bala Krishna and a neighbour of the 1st defendant, P. Chandra Rao. The said agreement was scribed by Bala Krishna and attested by other two persons present at that time. On the very same night, the plaintiff and his people returned to Lakkavaram. To their surprise they received a telegram from an Advocate Sri A. Suryanarayana, Eluru and also a registered notice on 6-8-1979, stating that the agreement was obtained under threat, coercion and undue influence and the said agreement is devoid of consideration. According to the plaintiff, the contents in the telegram and notice are false. The plaintiff s husband got issued a reply, through his Advocate on 11-8-1979. The 1st defendant gave another notice dated 20-8-1979. The contents therein are all false. The agreement was executed voluntarily, towards the discharge of the debt due by him to the plaintiff. The 1st defendant has got business and maintaining accounts and was taking sums off and on from the plaintiff and was telling her that the amounts were being credited in his accounts. The plaintiff was also noting the amounts paid in a book maintained by her. After the agreement and after the plaintiff and his people left Eluru, they learnt that the death of Sita Naga Lakshmi Kumari was not natural. The plaintiffs relation Gangaraju, a resident of Kamavarapukota, who come to know about the death, appears to have gone to Eluru on 3-8-1979 and made enquiries. The 1st defendant and his brother came to know about the enquiries made by Ganga Raju and bore grudge and so to see that the plaintiff s husband does not proceed any further got issued telegram on 4-8-1979 and notice on 6-8-1979. There was no doubt that Sita Naga Lakshmi Kumari was hale and healthy and it is learnt that her dead body was taken out from a well. In order to wreck vengeance against the plaintiff s family, now the suit agreement is being denied. It is further stated that the 2nd defendant was a tenant of the suit land from 1st defendant and his wife. He was atoned to the plaintiff. The plaintiff caused notice to the tenant also, as he was not cooperating with the plaintiff, hence, he is also added as a party to the suit. Hence, the suit for a direction to the 1st defendant to execute a regular sale deed in terms of the suit agreement and for a further direction to the 2nd defendant to atorne to
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