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2002 Supreme(AP) 1274

DUBAGUNTA SUBRAHMANYAM
Ammisetti Chandram alias Ramachandran – Appellant
Versus
Chodasani Suryanarayana – Respondent


DUBAGUNTA SUBRAHMANYAM, J.

( 1 ) THIS appeal is filed by defendants 1 to 3 in O. S. No. 466 of 1975 on the file of the Principal District Munsif, Kovvur against the judgment and the decree dated 30-10-1989 in A. S. Nos. 19 and 24 of 1982 on the file of the Subordinate Judge, Kovvur modifying the judgment and decree dated 28-12-1981 made by the Principal District Munsif, Kovvur in the above suit.

( 2 ) NECESSARY facts for disposal of this appeal are as follows : the 1st appellant-1st defendant and Veera Raju (P. W. 9) are own brothers. They got divided and possessed separate properties. The 1st defendant (the defendants hereinafter will be referred to as D-1, D-2 and D-3) is the owner of the plaint B-schedule property, P. W. 9 is the owner of plaint A-schedule property. According to the respondent-plaintiff, on 20-4-1974 D-1 and P. W. 9 agreed to sell their respective properties to the plaintiff for a total consideration of Rs. 10,000/-, on that day D-1 received Rs. 3,000/- as part sale consideration and P. W. 9 received a sum of Rs. 2,000/- as part sale consideration and both of them jointly executed sale agreement, Ex. A-1 in favour of the plaintiff. He also pleaded that subsequent









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