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1996 Supreme(AP) 1332

P.RAMAKRISHNAM RAJU
Kalyanapu Ramayya – Appellant
Versus
Yadavalli Sivaramakrishna Sarma – Respondent


P. RAMACHANDRA RAJU, J.

( 1 ) PLAINTIFFS are the appellants. The suit was filed for recovery of possession of the plaint schedule lands together with past and future mesne profits till delivery.

( 2 ) DEFENDANT No. 7 who was in possession of the plaint schedule lands as well as some other lands situated in narasimhapuram village represented to the plaintiffs father that he purchased the lands from the original owners, viz. , protected tenants and entered into an agreement for sale dated 15-10-1964 in respect of Ac. 62- 50 cents including the plaint schedule lands and delivered possession of the same to him. Ever since plaintiffs father and thereafter plaintiffs are in possession of the same. The plaintiffs father got issued a telegraphic notice dated 13-1-1965 to the seventh defendant through his advocate for which the seventh defendant gave a reply dated 15-1-1965 admitting the execution of the agreement and expressed his willingness to execute the sale deed. But curiously the seventh defendant got filed an application by his wife on or about 19-4-1965 before the tahsildar, Madhira for permission to sell the plaint schedule lands on the ground that she purchased the lands under










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