M.N.RAO, G.V.L.NARASIMHA RAO
M. N. Mohd. Mirza alias Mirza – Appellant
Versus
B. Subhan Saheb – Respondent
( 1 ) THIS letters patent appeal is from the judgment of a learned single Judge in a. S. No. 1134 of 1987 dismissing the appeal preferred by the appellant-defendant no. 1 against the judgment and decree in O. S. Ne. 55 of 1981 on the file of the court of the Subordinate Judge, Adoni, decreeing the suit of the respondent- plaintiff for specific performance of an agreement of sale (Ex. A-1) dt. 28-4-1981 in respect of the house bearing No. 601 of Ward. No. 18 in Adoni town. Defendants 2 to 11 in the suit are either sisters or legal representatives of the sisters of the first defendant, the owner of the suit house and the learned counsel for the appellant rightly says that they are not necessary parties to this appeal.
( 2 ) THE appellant-defendant is the owner of the suit house. It is recited in ex. A-1 that the sale consideration is Rs. 28,100/-, out of which, Rs. 5,000/- was taken towards advance by the appellant and the balance consideration should be paid by the respondent-plaintiff before 29-5-1981 for entitlement for registration and failure to get the sale deed registered by that date would entail forfeiture of the deposit and cancellation of the agreement. The a
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