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1997 Supreme(AP) 357

MAHEMMAD HABEEB SHAMS ANSARI, M.N.RAO
Mettapalli Venkata Rao – Appellant
Versus
Kotla Alivelu Mangatayaramma – Respondent


M. H. S. ANSARI, J.

( 1 ) THE above Letters Patent Appeal has been filed by the defendants, aggrieved against the judgment of a learned single Judge of this Court, in a. S. No. 1567 of 1985 dated 14-8-1995, reversing the judgment and decree dated 31-12-1984 in O. S. No. 67 of 1974 on the file of the Sub-Judge at Tanuku and decreeing the suit for specific performance filed by the Respondent No. 1 herein - Plaintiff.

( 2 ) RESPONDENT No. l herein filed the suit for specific performance of the agreement to sell dated 1-5-1974 (Ex. A-1 ). The said agreement (Ex. A-1) is executed by defendant No. l who is the kartha of the joint family consisting of himself and his sons - defendants 2 to 8. Defendant No. 2 was the only major son and has executed Ex. A-1 along withhis father. The property to be conveyed- by the said agreement is an agricultural land of an extent of Ac. 2. 27 cts (9156 sq. metres) situated in Khandavali village, Tanuku Taluk, West Godavari district. The total sale consideration stipulated under Ex. A-1 is Rs. 20,500/- and an amount of Rs. 2,000/- was paid immediately at the time of the agreement by way of earnest money. It was stipulated that a further amount of rs. 8,000






















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