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1988 Supreme(AP) 462

M.N.RAO
Jawaharlal Daima and Co. a firm rep. by its partner Mohanlal joshi – Appellant
Versus
Chinta Chittemma – Respondent


M. N. RAO, J.

( 1 ) THE unsuccessful plaintiff pre. ferred this appeal against the judgment and decree of the learned subordinate Judge, vijayawada in O. S. 353/77 dt. 16-2-1981 dismissing the suit of the plaintiff for specific performance based on an oral agreement of sale dt. 1-11-77 in respect of h No 11-49-311 in Sivalayam Street, vijayawada. Respondents 1 and 2 in this appeal are defendants 1 and 2 in the suit. The parties in this appeal are referred to in their original character as in the court below. The plaintiff is a firm represented by its partner Mohanlal Joshi. The first defendant is the owner; she is a resident of eluru town and the plaintiff is the lessee of the ground floor portion on a monthly rental of Rs. 140/ -. The case pleaded by the plaintiff in brief is as follow; The first defendant being a house wife without "much education", either her husband somaraju or her son Satyanarayana (D. W. 2) used to collect rents from the tenants whenever came to Vijayawada and pass receipts. "they were always acting on her behalf as her duly authorised representatives in the management of her property". On 1-11-71, Satyanarayana, the son of the first defendant accompanied by K























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