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1979 Supreme(AP) 149

T.NARSINGA RAO
Hasimathunnisa Begum – Appellant
Versus
Vithal Rao Gangaji – Respondent


T. NARASINGA RAO, J.

( 1 ) THIS revision petition is directed by the legal representative of the first defendant against the order of the IInd Asst. Judge, City Civil Court, Hyderabad in E. P. No. 79/71 appointing a Commissioner who recommended that the matter be referred to a valuer for working out equities in dividing the suit house. The circumstances leading to the revision petition briefly stated are these: The first respondent (plaintiff No. l) herein laid a suit against the defendants, the first defendant being the pre decessor in interest of the revision petitioner herein He also happens to be natural father of the second defendant. The suit was for reconveyance of suit house based on an agreement of conveyance. The trial court decreed the suit and this was confirmed by the first appellate Court. In a second appeal preferred by the second defendant in the suit, the decrees of both the courts were modified. The operative portion of the judgment in the Second Appeal reads as follows:-- "the plaintiffs will therefore be entitled to specific performance of the agreement Ex. A-2 only to the extent of the half share of the first defendant on payment of consideration So far as the q






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