D.JAGANNADHA RAJU
Col. Denzyl Winston Ferries – Appellant
Versus
Abdul Jaleel – Respondent
( 1 ) THIS appeal is filed by the first defendant in O. S. No. 520 of 1983 on the file of the Additional Subordinate Judge, Ranga Reddy, district against the judgment and decree dated 28-7-1988 granting a decree for specific performance of the suit agreement dated 7-12-1979. In brief, the pleading are as follows : plaintiff originally filed the suit against D. 1. Subsequently D. 2 and D. 3 have been added as additional defendants. Defendants 2 and 3 remained ex parte. The defendant is the absolute owner of Acs. 12. 35 guntas of agricultural land bearing Survey Nos. 14 to 16 situated at Sikandarguda (Bandlaguda ). Defendant executed an agreement of sale Ex. A. 1 dated 7-12-1979 in favour of the plaintiff to sell the suit land for consideration of Rs. 39,000/ -. Rs. 2,000/- was paid as advance by the plaintiff and the defendant delivered physical possession of the property on the date of the agreement. It was agreed that the defendant shall execute the sale deed and get the same registered within three months. The plaintiff requested the defendant to receive the balance of sale consideration and execute the sale deed. D. 1 pleaded that he could not make ready
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