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1997 Supreme(AP) 173

R.BAYAPU REDDY
M. Prabhavathamma – Appellant
Versus
H. Anwar Khan – Respondent


R. BAYAPU REDDY, J.

( 1 ) THIS revision petition is filed by the defendant in Small Causes Suit no. 18 of 1991 on the file of the Additional district Judge, Hindupur questioning the decree and Judgment dated 18-3-1993 by which the suit was decreed for an amount of Rs. 4,500/- with proportionate costs and interest.

( 2 ) THE respondent herein who is the plaintiff in the suit had filed the above said suit seeking recovery of an amount of rs. 8,000/- from the petitioner, contending that the petitioner executed an agreement of sale on 9-2-1988 relating to some property agreeing to sell the same for Rs. 67,500/- and received an amount of Rs. 4,500/- as advance; that subsequently it came to be known that the petitioner was having only limited rights in the said property and her daughter alone was having title to the same; that her daughter subsequently sold away the said property to others; that she, therefore, committed breach of contract and that he was, therefore, entitled to receive back the amount of Rs. 4,500/- paid by him as advance and also a further amount of Rs. 3,500/- by way of damages for breach of contract. The petitioner contested the suit admitting the execution of the agr








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