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1988 Supreme(AP) 108

K.RAMASWAMY
G. Rosaiah – Appellant
Versus
C. Balarami Reddy – Respondent


K. RAMA SWAMY, J.

( 1 ) APPELLANT is the first defendant. The suit of the first respondent-plaintiff (for short, "the respondent") for specific performance of the agreement Ex. A-1 dated May 1, 1977 for sale of the appellant s land of Ac. 3-55 cents was decreed by the trial Court and the appellant is assailing its legality.

( 2 ) THE respondent avers in his plaint that the appellant s castemen in Gontlagunta village migrated to the neighbouring village Petluru and himself too, to migrate, had entered in Ex. B-1 agreement of even date viz. , May 1, 1977, to purchase Ac. 3-26 cents of wet land belonging to Shaik Masthan, the second defendant. In turn, the appellant agreed to sell his land to him (respondent ). He is already having his own land on three sides of the schedule land, except on East. Therefore, he agreed to purchase the land for a total consideration of Rs. 18,000/ -. He paid a sum of Rs. 100/- on the date of agreement i. e. , on May 1, 1977; another sum of Rs. 10,000/- to be paid on May 31, 1977 and the balance amount of Rs. 7,900/- on January 31, 1973 and on receipt thereof, the appellant is to execute the sale deed. In terms thereof, he was put in possession of the land













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