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2002 Supreme(AP) 873

T.CH.SURYA RAO
Nallabothu Purnaiah – Appellant
Versus
Garre mallikarjuna Rao – Respondent


T. SURYA RAO, J.

( 1 ) THE unsuccessful plaintiff has preferred this appeal against the judgment and decree dated 9-11-1992 passed by the learned Principal Sub-ordi-nate Judge, narasaraopet in O. S. 117 of 1983. Respondents 1 to 3 are defendants in the suit, respondents 4 to 8 have been added as legal representatives of the first respondent, who since died, pending consideration of the suit.

( 2 ) A common judgment was passed in o. S. 117 of 1983 and O. S. 257 of 1984 by the learned Principal Sub-ordinate Judge, narsaraopet as the parties are same in both the suits. Evidence was recorded in O. S. 117 of 1983, and the same was read in evidence in the later suit. After considering the evidence , both oral and documentary the Court below dismissed O. S. 117 of 1983 and decreed o. S. 257 of 1984. The appellant therefore is now assailing the Judgment and Decree O. S. No. 117 of 1983 alone.

( 3 ) THE suit was filed for the relief of specific performance of the contract of sale dated 31-1-1981. It is the case of plaintiff that late Garre Venkata Ramakotiah, father of the first defendant leased out the plaint schedule mentioned lands to the plaintiff on 29-4-1980, and ever since, the same,






























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