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2014 Supreme(SC) 650

SUDHANSU JYOTI MUKHOPADHAYA, PRAFULLA C.PANT
TELIKICHERLA SESIBHUSHAN (DEAD) – Appellant
Versus
KALLI RAJA RAO (DEAD) – Respondent


JUDGMENT : -

PRAFULLA C.PANT, J. –

1. These two appeals are directed against the common judgment and order dated 15th June, 2007 passed by the High Court of Andhra Pradesh in Appeal Suit Nos.2652 and 2052 of 1996.

2. We have heard learned counsel for the parties and perused the papers on record.

3. The factual matrix of the case is that respondent-Kalli Raja Rao (since dead) agreed to sell the property measuring an area of Ac.19.96 cents situated at Pulla village of Eluru Taluk for an amount of Rs.80,000/-(Rupees eighty thousand only) under the agreement of sale ( Ex.A/1) dated 10th May, 1980. The said agreement discloses that respondent-Kalli Raja Rao had taken a loan of Rs.20,000/-(Rupees twenty thousand only) from the State Bank of India, Eluru Branch, in the year 1969 and he could not repay the loan, as such, he intended to sell his land, and the present appellant-Telikicherla Sesibhushan agreed to repay the loan amount with interest due from Kalli Raja Rao, to the Bank. It appears that the appellant though made certain payments but failed to repay the entire loan amount with interest. Consequently, the Bank instituted a suit being O.S.No.208 of 1981 against the debtor for recove















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