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1980 Supreme(AP) 335

PUNNAIAH
T. Venugopala Naidu – Appellant
Versus
N. Tirumala Naidu – Respondent


PUNNAYYA, J.

( 1 ) THE petitioner purchased the suit lands from the judgment-debtor, Balamma, under a registered sale deed on 6-7-1966 for a sum of Rs. 6,000. 00. The respondent herein filed a suit O. S. No. 111/1966 for specific performance of an agreement of sale executed by the self-same judgment-debtor, Balamma, at she failed to perform her part of the contract in not executing the sale deed. He impleaded the petitioner as the 2nd defendant in the suit. The trial Court did not grant the decree for specific performance, but granted alternative remedy for damages by awarding Rs. 1,000. 00 towards damages and Rs. 1,000. 00 towards the advance amount paid by the plaintiff. The Court also created a charge over the suit lands, while granting the decree for damages. The Court also held that the sale deed executed by Balamma in favour of the petitioner was not supported by consideration and the petitioner is not a bona fide purchaser and that the lands continued to be in the ownership of the 1st defendant. But the Court held that the petitioner is in possession of the property from 6-7-1966. As against the judgment and decree, the petitioner-2nd defendant filed appeal A. S. No. 130/71,














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