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2006 Supreme(AP) 207

S.ANANDA REDDY
Rapeti Veerinaidu (died) by LRs – Appellant
Versus
Thota gangadhara Rao – Respondent


( 1 ) THE legal heirs of the plaintiffs are the appellants and the second appeal is directed against the judgment and decree passed by the Court of n Additional district Judge, East Godavari at Rajahmundry, in A. S. No. 126 of 1987, dated 8-8-1994 by which the judgment and decree passed in o. S. No. 21 of 1981, dated 21-4-1987 by the court of Subordinate Judge, Peddapuram, decreeing the suit was reversed and the suit is dismissed.

( 2 ) THE substantial question of law that is raised in the present second appeal is whether there is an embargo contained in section 17 of the Land Ceiling Act, ousting the power and jurisdiction of a Civil Court to pass a decree of specific performance of an Agreement of Sale ?

( 3 ) THE facts leading to the present second appeal are, the original plaintiff filed the suit for specific performance of an agreement of sale dated 10-5-1970 executed by the original defendant, who died during the pendency of the appeal, agreeing to sell the suit schedule property at Rs. 7,500/- per acre ad received Rs. 5,270/- on the date of the agreement and further agreeing to receive the balance within a period of three years with 10 % interest per annum and as soon as the

















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