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1998 Supreme(AP) 569

A.HANUMANTHU
K. Venkata Rao – Appellant
Versus
Sunkara Venkata Rao – Respondent


A. HANUMANTHU, J.

( 1 ) THIS second appeal under Section 100 of the Civil Procedure Code is directed against the Judgment and decree dated 13-10-1988 passed in AS No. 25 of 1984 on the file of the Subordinate Judge, Peddapuram, confirming the judgment and decree dated 13-7-1984 passed in OS No. 130 of 1982 on the file of the District Munsif, Prathipadu in East Godavari District.

( 2 ) THE appellants herein are the defendants and the respondent herein is the plaintiff in the said suit OS No. 130 of 1982. The respondent-plaintiff filed the said suit for granting permanent injunction restraining the appellants-defendants from interfering with his possession and enjoyment of the suit property. His case is that the defendants who are interrelated and belonged to one family are the owners of the suit property consisting of Ac. 6. 35 cents of dry land in survey number 10 and patta number 247 of Vommangi village, that they agreed to sell the same to the plaintiff at the rate of Rs. 1,700. 00 per acre and executed an agreement of sale dated 7-8-1977 and in part performance of the said agreement of sale the defendants delivered the suit property to the plaintiff. It was agreed that the balanc














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