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1992 Supreme(AP) 409

MOTILAL B.NAIK, G.RADHA KRISHNA RAO
Trimurthy Constructions – Appellant
Versus
Smt. Vijaya Lakshmi Gadgil – Respondent


G. RADHAKRISHNA RAO, J.

( 1 ) THE plaintiff, M/s. Trimurthy Constructions, represented by its Partner, Omprakash Tibre-wala, is the appellant.

( 2 ) THE plaintiff s suit for specific performance of the contract of sale was dismissed by the Additional Chief Judge, City Civil Court, Hyderabad, by his judgment and decree dated 13/09/1988, passed in O. S. No. 311 of 1983 on his file.

( 3 ) THE case of the plaintiff-firm, in a nutshell, is as follows :-- In the first week of December, 1980 Qmprakashtibrewala, (who is examined as P. W. 1 in the lower Court), as a partner of the plaintiff-firm, approached the defendant, Smt. Vijaya Lakshmi Gadgil, D. W. 1 for the purchase of the plaint schedule property for the purpose of developing it in pursuit of the two objectives of the firm of construction of residential and commercial complexes and selling them. The negotiations were followed till 10-12-1980 on which day the defendant agreed orally to sell the plaint schedule property to the plaintiff-firm, and the plaintiff-firm agreed to purchase the same for a consideration of Rs. 6 lakhs. On the same day the defendant assured the plaintiff that the tenants, who were occupying the portions of th




















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