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2006 Supreme(SC) 792

S.B.SINHA, DALVEER BHANDARI
M. Meenakshi – Appellant
Versus
Metadin Agarwal (D) by LRs – Respondent


JUDGMENT

S.B. Sinha, J.—The heirs and legal representatives of the Original Defendant in a suit for specific performance of contract and the subsequent purchaser are before us in these appeals which arise out of a judgment and order dated 10.09.2003 passed by a Division Bench of the Andhra Pradesh High Court in Letters Patent Appeal Nos. 168 and 169 of 1996 whereby and whereunder the judgment and decree passed by a learned Single Judge dated 05.11.1996 affirming a judgment and decree dated 30.04.1990 passed by the Additional Chief Judge-cum-Spl. Judge for SPE & ACB Cases, City Civil Court, Hyderabad, was set aside.

2. The Defendant in the suit together with his other co-sharers were owners of Survey No.71, West Marredpalli, Secunderabad. A proceeding under the Urban Land (Ceiling & Regulation) Act, 1976 (for short, the 1976 Act) was initiated against them. In the said proceeding at the hands of the landholders, excess land was directed to be vested in the Central Government. The owners were allowed to retain 1000 sq. metres of land each.

3. Allegedly, on that premise a piece of vacant land bearing Plot No.2 in Survey No.71 measuring 1000 sq. metres which had been allotted to the
































































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