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2002 Supreme(AP) 406

Koneru Syam Sundara Rao – Appellant
Versus
Pendurti Kanaka Durga – Respondent


L. NARASIMHA REDDY, J.

( 1 ) IN this appeal, the judgment and decree of the Court of the Principal Subordinate judge, Vijayawada, in O. S. No. 247 of 1983 is in challenge. The defendants are the appellants. The parties are referred to as arrayed in the suit.

( 2 ) THE respondent/plaintiff filed the suit for the relief of specific performance of the agreement of sale dated 15-5-1980 executed by the defendants herein and the father of the 1st defendant by name Koneru Venkata narayana, offering to sell the suit schedule property. According to the plaint averments, the defendants offered to sell the suit schedule property for a consideration of rs. 19,250/-, an amount of Rs. 5,000/- was paid as advance on the date of agreement, the balance of Rs. 14,250/- was to be paid after the defendants obtain the permission from the Urban Land Ceiling Authorities (for short ulc authorities ) and intimate the same to the plaintiff. It was alleged that the defendants have not obtained the said permission and on account of their failure, the plaintiff got issued notices dated 22-1-1983 and 7-2-1983 calling upon the defendants to execute the sale deed after receiving the balance of consideration. Sinc

















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