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1997 Supreme(AP) 274

M.N.RAO, MAHEMMAD HABEEB SHAMS ANSARI
Edupuganti Bala Veera Raghavaiah – Appellant
Versus
Mohd. Imthiazuddin – Respondent


M. N. RAO, J.

( 1 ) THIS Letters Patent appeal by the plaintiff is from the Judgment and decree of a learned single Judge of this Court in A. S. No. 2120 of 1990 reversing the decree for specific performance with certain conditions granted by the learned ii Additional Subordinate Judge, Vijayawada in O. S. No. 459 of 1981. The parties are referred to in this judgment for the sake of convenience as they are arrayed in the suit. The suit was laid by the plaintiff (appellant herein) against defendants 1 and 2 (Respondents 1 and 2 herein) for specific performance of a contract of sale dated 2-9-1977, Ex. A-1, in respect of an urban house-site admeasuring 3,000 Sq. yards situate in Ward No. 28, Labbipet, Vijayawada. The defendants are natural brothers each owing an extent of 3,394 square yards of urban Land in N. T. S. No. 147 Patamata village within the urban agglomeration of vijayawada and each of them is entitled to retain under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short "the Act") only an extent of 1,500 Sq. yards and as such the excess land in possession of each of them is 1,894 Sq. yards. The first defendant is the General Power of Attorney hold























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