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1995 Supreme(AP) 409

K.B.SIDDAPPA
Kanakala Venkata Rao – Appellant
Versus
Konda Krishnam Raju – Respondent


K. B. SIDDAPPA, J.

( 1 ) THE revision is filed against the docket order dt. 25. 6. 92 passed by the learned subordinate Judge, Kakinada in OSSR No. 1736/92.

( 2 ) DEFENDANTS 3 to 5 have entered into an agreement of sale with defendants 1 and 2 in respect of a total extent of Acres 43-58 cents for a consideration of rs. 4 lakhs by an agreement dated 3-1-89. Defendants 1 and 2 executed sale deeds for an extent of Ac, 30-54 cents. They failed to execute the sale deed in respect of remaining extent of Ac. 13-04 cents. Theplaintiff filed suitfor specific performance of agreement in respect of his share which comes to Ac, 3-26 cents out of Ac. 13-04 cents. The plaintiff s suit is in respect of 1 /4th share out of the remaining extent. The learned subordinate Judge held that there are no recitals in the agreement that the execution of sale deed would be as per shares. Therefore he directed to pay Court fee on the value of the remaining extent of ac. 13-04 cents. Against this order the present revision is filed.

( 3 ) THE learned counsel appearing for the revision petitioner submits that the order of the learned subordinate Judge is erroneous. The plaintiff only sought the relief of specifi



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