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1989 Supreme(AP) 150

A.RAMANUJULU NAIDU, D.JAGANNADHA RAJU
M. Devakumar Reddy – Appellant
Versus
V. S. Gopal Rao – Respondent


AMARESWARI, J.

( 1 ) THIS is an appeal against the Judgment and Decree of the First Additional Judge, City Civil Court, Hyderabad in O. S. No. 336 of 1979 dated 7-8-1982.

( 2 ) DEFENDANTS 1, 2 and 3 are the appellants. Defendants 1 and 2 are brothers. Defendant No. 3 is their mother. MR. Reddy is the husband of defendant No. 3 and father of defendants 1 and 2.

( 3 ) THE suit is one for specific performance of an agreement dated 24-11-1978 entered into between defendants 1 to 3 on one hand and plaintiffs 1 to 3 rn the other. The suit property is a building with a dwelling unit and the other structures such as servant quarters, out houses, garages etc. , in an extent of 4315 square metres situate in Central Jail Road, malakpet, Hyderabad. Plaintiffs 1 to 3 agreed to purchase the suit property for a total consideration of Rs. 5,75,000/- under an agreement of sale dated 24-11-1978 Ex. A-1. On the date of the agreement, the defendants received rs. 45,000/- as earnest money and they have agreed to convey the property to plaintiffs 1 to 3 or their nominee or nominees.

( 4 ) THE relevant Clauses of the agreement are Clauses 5, 6 and 8. As per Clause 5, the vendor shall obtain permission fr






























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