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1985 Supreme(AP) 353

K.RAMASWAMY
United Pioneer Society Rept. by its Secretary – Appellant
Versus
Chand Bibi – Respondent


K. RAMA SWAMY, J.

( 1 ) THE suit of the unsuccessful plaintiffs/appellants for specific performance of the agreement, Ex. A-1 dated december 3, 1977, met with dismissal. Their claim is that the respondents contracted to sell 2,593 sq. yards at. the rate of Rs. 20/- per sq. yard and received rs. 10,995/- on different dates through cheques. One of the covenants is that the respondents have to obtain exemption from the Urban Land (Ceiling and regulation) Act, 1976 (for short, "the ceiling Act") but committed breach thereof. The appellants filed on December 16,1977 the petition under Ex. A-13 seeking permission on whrch the competent Authority had taken steps, but the respondents did not co-operate with them to grant exemption There fore they sought for a decree to direct the respondents to submit proper application for grant of exemption and on grant thereof, the sale deed is to be executed. The respondents 1 to 3 filed a joint written statement and Despondent no. 4 filed a separate written statement. Their main plea is that Ex A-1 agreement is a sham and nominal one never intended to be acted upon. The appellants assured them that they would get exemption from the Government and there





















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