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2008 Supreme(SC) 1922

S.B.SINHA, CYRIAC JOSEPH
G. Jayashree – Appellant
Versus
Bhagwandas S. Patel – Respondent


Advocates appeared:
For the Appellants :R.F. Nariman and L. Nageshwara Rao, Sr. Advs., D. Srinivas Prasad and D. Mahesh Babu, Advocates.
For the Respondents:P.P. Rao, Mrs. D. Bharathi Reddy, D. Ramakrishna Reddy, P. Niroop, Chandan Kumar, N. Rajaraman and Abdul Azeem, Advocates.

JUDGMENT

S.B. Sinha, J. —

1.Plaintiffs in a suit for grant of decree for specific performance of contract are before us aggrieved by and dissatisfied with the judgment and decree dated 13.11.2007 passed by a Division Bench of the Andhra Pradesh High Court reversing a judgment and decree dated 25.10.1995 of the Additional Subordinate Judge, Ranga Reddy district at Saroornagar, Hyderabad in Original Suit No. 191 of 1987 dismissing the said suit.

2.The basic facts of the matter are not in dispute.

Respondents No. 1 to 3 are owners of the land measuring 11 Acres and 39 Gunthas in Survey No. 36 situated at village Satamrai of Shamshabad Mandal in the district of Ranga Reddy. The said land abuts National Highway No. 7 between Hyderabad and Bangalore. The said respondents entered into an agreement for sale with Mohammed Kasim Ali and G. Srinivas Reddy, whose heirs and legal representatives are the appellants, for sale of the said property for a sum of Rs. 18,00,000/-, out of which a sum of Rs. 1,00,000/- was paid as earnest money.

Some of the important clauses contained in the said agreement for sale read as under:

“1.The total consideration being Rs. 18 lakhs, the Vendees have paid a sum of Rs
















































































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