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2002 Supreme(AP) 575

D.S.R.VERMA, B.S.A.SWAMY
YELAMARTI VEERA VENKATA JAGANNADHA GUPTA – Appellant
Versus
VEJJU VENKATESWARA RAO – Respondent


B. S. A. SWAMY, J.

( 1 ) THE respondents 1 and 2 herein filed O. S. No. 158/88 on the file of the Subordinate judge, Tadepallegudem against the appellants for their eviction and for damages contending that they have purchased the suit schedule property from one Muddam Paparao, respondent No. 3 herein. The appellants herein filed O. S. No. 44/88 on the file of the same Court against Muddam Paparao, the original owner, and the respondents 1 and 2 herein and others for specific performance of an oral agreement of sale dated 1-5-1988. The court below by a common judgment decreed the suit O. S. No. 158/88 filed by the respondents 1 and 2 herein and dismissed o. S. No. 44/88 which was confirmed by the learned single Judge in his common judgment and decree dated 20-2-2002 passed in A. S. Nos. 286/96 and 40/99. The learned single Judge allowed the cross- objections filed by the plaintiffs in O. S. No. 158/88. Aggrieved by this, the present lpa.

( 2 ) FOR brevity, the parties are referred to as arrayed in O. S. No. 158/88.

( 3 ) IN this LPA, the counsel appearing for the appellants (defendants 1 and 2 in O. S. No. 158/88) raised four contentions which are as follows:- (1) The suit O. S. No.














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