SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1975 Supreme(AP) 55

VISWANATHA SASTRY
Kalivarapu Kamayya – Appellant
Versus
Adapaka Appalanaidu – Respondent


VISWANATHA SASTRY, J.

( 1 ) PLAINTIFF Is the appellant in this second appeal. This appeal raises a question of law, viz. whether an agreement of sale of joint family properties by the father for discharge of his antecedent debts can be specifically enforced against the minors, even though legal necessity and benefit to the minors has not been established,

( 2 ) A few facts, which are necessary to appreciate his position are mentioned here under. The first defendant is the father of defendants 2 and 3. who are minors and who were represented by a court-guardian in the suit The first defendant for himseff and as guardian of defendants 2 and 3, 6x2 uted an agreement of sale, ex. A-1 on 3-10-1964 agreeing to sell four acres of joint family land to the plaintiff at a price of. Rs. 1,600/- peracre. Under the agreement che first defendant received Rs. 750/- as advance at the time of execution of the agreement, on the next day the first defendant received another sum of Rs. 250/- which has also been endorsed on the agreement marked as Ex. A-2. The balance was agreed to be utilised for the discharge of a mortgate debt due to the wife of the plaintiff in a sum of about Rs. 1,000/- and Rs. 1,50
























Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top