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1997 Supreme(AP) 455

P.RAMAKRISHNAM RAJU
N. Jagadesh Babu – Appellant
Versus
Geeta Bai – Respondent


P. RAMACHANDRA RAJU, J.

( 1 ) THE plaintiffs are the appellants. They filed the suit for specific performance of an agreement for sale dated 31-12-1978 executed by respondents 1 to 3; or alternatively to grant a decree for partition and separate possession of 3/8th share of plaint schedule; or alternatively to grant a decree for a sum of Rs. 1,50,000/- by way of damages.

( 2 ) APPELLANTS 2 and 3 are sisters of Appellant No. 1. Respondents 2 to 4 are the sons and 5 to 8 are the daughters of first respondent. Respondent No. l is the absolute owner of Ac. 43-00 cents of agricultural land in Survey Nos. 113 and 114 of Moosapet village and Survey No. 580 of Kukatpally, Hyderabad, described in the schedule attached to the plaint. Respondent No. l offered to sell the said property and the appellants agreed to purchase the same at the rate of Rs. 5,000/- per acre. The suit agreement was executed on 31-12-1978 by the respondents 1 to 3 for a total consideration of Rs. 2,15,000/ -. A sum of Rs. 116/- was paid in cash and a post-dated cheque for Rs. 10,000/- was given containing the date of 15-1-1979 towards advance. The third respondent again received a further sum of Rs. 1,000/- as part of s

















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