K.A.SWAMI, K.RAMASWAMY
K. S. PHOOL SINGH – Appellant
Versus
BALAJI RICE MILL – Respondent
( 1 ) THE appellants in A. S. No. 1650/85 are the defendants in the suit, initially numbered as OS 228/80 but on transfer on point of territorial jurisdiction, re-numbered as OS No. 350/83. The respondents sought specific performance of the agreement of reconveyance Ex. A-7, dated October 17, 1977. AS No. 1649/85 arises from the suit of the appellants/plaintiffs for recovery of possession and arrears of rents, initially numbered as OS No. 77/80, and re-numbered as OS No. 353/83. The result of one impinges upon the other arising out of the same facts and law necessitating to have disposed by a common judgment.
( 2 ) ONE S P. Sukhlal, the husband of the fourth respondent, had a site in Macha Bolaram, Hyderabad East. He entered into a transaction with the appellants to advance money to start rice mill business in the said site and, as a result thereof, Sri Balaji Rice Mill came to be established When disputes cropped up, they were settled by a nrivate arbitration, dated November 24, 1974 in which Sukhlal had Rs. 30,000/- interest and the appellants rs. 50,000/- interest; the appellants were directed to pay Rs. 30,000/- to sukhlal and obtain a sale-deed from him of the
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