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1989 Supreme(AP) 225

B.P.JEEVAN REDDY, V.NEELADRI RAO
Kishenlal Soni – Appellant
Versus
Chandrakala Devi – Respondent


JEEVAN REDDY, J.

( 1 ) THIS Letters Patent Appeal is preferred by the defendants in a suit for specific performance. The rerpondent-plaintiff instituted the suit on the basis of an agreement of sale dated 27-10-1977 executed by the 1st defendant in favour of the plaintiff. The agreement of sale pertains to a shop-cum-house situated at Old Gunj, Mahboobnagar. The agreement recites that though the property stands in the name of the 1st defendant s mother (defendant No. 2), it had fallen to his share in the partition, and that be has agreed to sell the same to the plaintiff for a consideration of rs. 30,000/ -. On the date of agreement the 1st defendant received a sum of Rs. 10,000/ -. He agreed to receive the balance of Rs. 20,000/- on the date of registration of the sale-deed, within one month. The plaintiff was a tenant in the said shop-cum-house since several years prior to the said agreement. She instituted the suit with the allegations that the 1st defendant refused to receive the balance consideration and execute the sale-deed as per the agreement, deed and that when a notice was given calling upon him to execute the sale-deed, he put forward a false plea that the said property












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