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1997 Supreme(AP) 850

K.S.SHRIVASTAVA
Vummalaneni Basavayya – Appellant
Versus
Myneni Venkayya (Died) per L. Rs. – Respondent


K. S. SHRIVASTAV, J.

( 1 ) A. S. NO. 2869 of 1986: the First and the Second Defendants are the appellants. Suit for specific performance has been decreed.

( 2 ) THIS judgment shall also govern the disposal of appeal A. S. 2867/1986 which has been filed by the third and the fourth defendants.

( 3 ) THE facts giving rise to this appeal may briefly be stated as follows :- the 1st and the 2nd defendants are the husband and wife, while the 3rd and the 4th defendants are their sons, The 1st and the 2nd defendants had executed an agreement, Ex. A-1, on 9-2-1978, to sell 1554-1-0 Sq. Yds. of land situated in 10th Ward, Tenali town (for short the suit land ) to the plaintiff for a consideration of Rs. 26,512/- and had received an earnest money of rs. 1,000/- on the same day. It was agreed between them that the plaintiff would pay the balance of consideration in cash within a period of one month therefrom and get the sale deed executed and registered in his name at his own cost. It was further agreed between them that, if the plaintiff failed to perform his part of the contract within the stipulated time, he would pay interest at the rate of 18 per cent per annum on the balance amount of con


































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