S.PARVATHA RAO, C.V.N.SASTRY
S. Nagulalrao – Appellant
Versus
Medam Jayaramaiah – Respondent
( 1 ) THIS Letters Patent Appeal arises out of a suit for specific performance of an agreement of sale dated 25-2-1980 executed by the first defendant in favour of the plaintiff agreeing to sell the suit property, which comprises an extent of Ac. 0. 22 cents of land at the rate of Rs. 2, 100/- per cent. The agreement is purported to be executed by defendants Nos. 1 and 7, but it is actually signed by the first defendant only. The property is, admittedly, the joint family property of the defendants. Defendants Nos. 1 to 6 are the children of the 7th defendant. The father of defendants Nos. 1 to 6 and the husband of 7th defendant died intestate leaving behind him defendants Nos. 1 to 7 in the suit, besides another daughter by name Ramalingeswaramma and also his mother Saradamma, who were not impleaded as parties to the suit. The case of the plaintiff is that the first defendant is the Manager of the joint family of the defendants and that he executed the suit agreement for and on behalf of the family for their family benefit and necessity, representing that a sale deed would be executed by all the sharers. At the time of the agreement, a sum of Rs. 5,000/- is said
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