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1976 Supreme(AP) 2

PUNNAIAH
B. Ramachandrayya – Appellant
Versus
J. Narayana – Respondent


PUNNAYYA, J.

( 1 ) THE appellant is the plaintiff in the suit O. S. No. 530 of 1970 on the file of the 5th Additional Judge, City Civil Court, Hyderabad, which was filed for redemption of the mortgage said to have been executed by the plaintiff in favour of the first defendant on 24-12-1954; for taking accounts and for passing a decree in favour of the plaintiff for surplus amount due to him or in the alternative, for specific performance of the agreement of sale in pursuance of the agreement to reconvey and to direct ths 1st defendant to execute the sale deed after receipt of the amount that may be found due from the plaintiff after taking accounts and for possession of the suit house. The suit property is a house bearing door No a-6-196 situated Dattanagar, Narayanaguda, Hyderabad. The admitted facts are that Ex. A-1 is the sale deed executed by the plaintiff in favour of the 1st defendant for a consideration of a sum of Rs. 6, 000/-in respect of the suit house. The 1st defendant also executed an agreement ex. A-2 on the same day i. e. on 21 -12-1954 agreeing to reconvey the suit house to the plaintiff on payment of the same amount within 3 years from 21-12-1954. The plaintiff exe




























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