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1989 Supreme(AP) 544

A.SEETHARAM REDDY
Janab Syed Kazim Sahab – Appellant
Versus
Janab Sayeed Bakaran Sahab – Respondent


( 1 ) THE defendant is the appellant. The respondents-plaintiffs filed a suit for specific performance of the agreement of sale, Ex. A1, dated 15-5-1978 entered into between the plaintiffs and the defendant in respect of a building bearing No. 11-4-624, Red Hills, Hyderabad. The trial Court decreed the suit directing the defendant to execute a registered sale deed. Hence the appeal. The parties will be referred to as described in the suit.

( 2 ) THE plaintiffs case is that the defendant entered into an agreement of sale with the plaintiffs for sale of the suit schedule property for a consideration of Rs. 2,90,000/- and accepted an advance of Rs. 30,000/- towards part of the sale consideration ; that the agreement was reduced into writing on 15-5-1978 ; that the defendant undertook to produce permission from the urban Purushottam and Co. vs. Manilal and sons, AIR 1961 S. C. 325 and Ceiling authorities, a certificate from the Income-tax authorities and a nil Encumbrance Certificate , within six months and also to handover copies of the title deeds; that having satisfied the title of the defendant, the plaintiffs entered into the said agreement and parted with an amount of rs. 30,00










































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