JUDGMENT :- This second appeal is brought by the plaintiff as against the judgment and decree of the Subordinate Judge of Guntur in Appeal Suit No. 417 of 1948 reversing the judgment and decree of the District Munsif of Guntur in Original Suit No. 207 of 1947. The appellant herein filed a suit for specific performance of a contract, dated 16-11-46, entered into by the 1st defendant agreeing to sell the plaint schedule property to him, for a declaration that the sale deed executed by the 1st defendant in favour of the 2nd defendant on 8-4-1947 was not binding upon him and for delivery of possession of the property.

In the plaint he alleged that he purchased the stamp papers and was always ready and willing to perform the contract, but that the 1st defendant put off the execution of the sale deed on some false pretext or other. Having learnt that a sale deed was executed in favour of the 2nd defendant by the 1st defendant with false recitals about the existence of an alleged earlier agreement dated 25-8-1946, the present suit was instituted for specific performance and other incidental reliefs.

2. The 1st defendant was ex parte and did not file any written statement. The 2nd defendant

Click Here to Read the rest of this document