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2005 Supreme(AP) 372

V.V.S.RAO
Thanamki Prasad – Appellant
Versus
Guntamadugu Puliamma – Respondent


V. V. S. RAO, J.

( 1 ) THE petitioner is the plaintiff in an unnumbered suit being C. F. No. 3402 of 2004. The said suit was presented to the Court of the District Judge, Nellore. By an order dated 19-11-2004, the learned District Judge rejected the plaint at the threshold on the ground that the plaint allegations are vague, that the plaintiff did not file any supporting documents showing the title of 51 defendants to the land agreed to be demised in favour of the plaintiff and also pointing out certain minor procedural discrepancies. Aggrieved by the same, the present petition is filed under Article 227 of Constitution of India. The petitioner filed the suit for specific performance of agreement of sale in respect of the suit schedule fallow lands situated at oduru Diguva Rajupalem of Chillakur Mandal in Nellore District. It is the case of the petitioner that all the 51 defendants who own lands ranging from Ac. 1. 00 to Acs. 12. 45 agreed to sell the land in their possession and executed a common joint agreement of sale on 9-5-2001 but failed to perform the vendors part of the contract by accepting balance sale consideration. He also alleged that he agreed to purchase the fallow l




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