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2001 Supreme(AP) 291

GHULAM MOHAMMED
Goparaju Venkata Bharata Rao – Appellant
Versus
Nagula Ramakotayya – Respondent


GHULAM MOHAMMED, J.

( 1 ) DEFENDANTS 1 and 2, who are the appellants herein, preferred this appeal against the Judgment and decree dated 12-10-1990 in O. S. No. 125 of 1984 on the file of the Subordinate Judge, Nuzvid.

( 2 ) THE parties are described as arrayed in the trial Court. The brief averments of the plaint are as follows :

( 3 ) THE plaintiff instituted the suit for specific performance of agreement of sale dated 26-9-1969 and for recovery of possession from the defendants and for future mesne profits with interest. It is stated that one late Gadicherla Seetha Mahalakshmamma, was the original owner of the suit schedule property, who succeeded to these properties as the only heir of her late husband Gadicheria Venkata Gopala Krishna Rao under the provisions of the Hindu Succession Act. It is averred that one Sri Kopparthi Venkatachalam, the brother of the said Seethamahalakshamamma acting on her behalf leased out the suit schedule property to the plaintiff on 5-7-1968 under a written agreement of lease and delivered the possession of the same to the plaintiff who agreed to pay rent at the rate of Rs. 25. 00 per year and entitled the plaintiff to make necessary erections. Accor






























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