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1971 Supreme(AP) 81

NARASIMHAM, PARTHASARATHI, VAIDYA
Muthabathula Arjayya – Appellant
Versus
Rambala Venkata Surya Gopala Krishanamurthy – Respondent


VAIDYA, J.

( 1 ) THE plaintiff-appellant in this Second Appeal filed a suit for specific performance of an agreement of sale executed by the 2nd respondent, Ist defendant in the suit, on 24/10/1960 after obtaining full consideration for the sale from the plaintiff. The appellant was also put in possession of the suit property. It is agreed between the parties that the 2nd respondent will execute a sale deed within a period of two years. The case of the appellant is that the period of two years was stipulated in the agreement of sale as that was thought to be sufficient period in which the 2nd respondent would obtain a Ryotwari patta under the provisions of Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion into Ryotwari) Act , hereinafter referred to as "the Inams Abolition Act. The 2nd respondent obtained the patta ; but instead of executing a sale deed in favour of the appellant , executed it in favour of the Ist respondent , the 2nd defendant in the suit. The appellant further averred that the Ist respondent purchased the suit property from the 2nd respondent having notice of the agreement of sale in favour of the appellant. The 2nd respondent in his written statement































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