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2003 Supreme(AP) 915

B.S.A.SWAMY, ELIPE DHARMA RAO
Mehdi Hussain Khan – Appellant
Versus
Nusrat hasan – Respondent


B. S. A. SWAMY, J.

( 1 ) THE above three appeals are Interconnected and between the same parties. As such they are being disposed of by this common judgment. Heard both sides. The plaintiff is the appellant herein. For the sake of clarity, the parties are referred as arrayed in O. S. 616 of 1975.

( 2 ) THE plaintiff filed O. S. 616 of 1975 seeking specific performance of the agree ment of re-conveyance (Ex. A-l) dated 21-10-1973. In the plaint he has stated that he is ever ready and willing to pay the consideration for re-conveying the suit schedule property, which was sold to the defendant under registered sale deed dated 21-10-1973 for a consideration of Rs. 20,000. 00 and was negotiating with one Dr. K. I. Askari elder brother of the defendant but the defendant evaded to receive the payment as such he was constrained to file the suit for specific performance. The defendant in the written statement, while admitting the relationship between Dr. Askari and herself has taken a stand that he has no authority to enter into any transaction with the plaintiff. She has also taken a plea that clause No. 3 in the agreement of re-conveyance where-under, it is stated that the time for re-con































































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