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1998 Supreme(AP) 416

P.RAMAKRISHNAM RAJU, T.RANGA RAO
Krovidi Kameswaramma – Appellant
Versus
Kudapa Balaramayya – Respondent


( 1 ) THE plaintiffs are the appellants. The first plaintiff late Kowidi Venkata Ananda Raja Gopala Krishna Murthy entered into an agreement of sale for purchase of Ac. 5-88 cents of land in S. No. 751 of Konthamuru, hamlet of Komaluru of Rajahmundry taluk, East Godavari district with the defendants 1 and 2 at the rate of Rs. 53,000. 00 per acre on 11-12-1982. The said plaintiff paid a sum of Rs. 20,000. 00 as advance on that date. He agreed to pay Rs. 80,000. 00 on or before 31-1-1983, Rs. 50,000. 00 before 30-4-1983 and the balance on or before 15-5-1983. It is also agreed that in case the above conditions are fulfilled by the said plaintiff, the possession of property would be delivered on 30-3-1983.

( 2 ) HOWEVER, it is the case of the first plaintiff that he has been althrough ready and willing to perform his part of the contract but the defendants were never ready to comply with the terms of the contract. It is further stated in the plaint that apart from Rs. 20,000. 00 paid on 11-12-1982 to the defendants a further sum of Rs. 30,000. 00 was paid on 16-1-1983 for discharge of the bank debt due by the defendants. No endorsement of part payment for this amount was made by the d











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