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2006 Supreme(AP) 636

L.NARASIMHA REDDY
Parasa Ranga Rao (died) per L. Rs. – Appellant
Versus
Mathe Sanjeeva Rao – Respondent


JUDGMENT

The defendant in O.S. No.29 of 1981 on the file of the Subordinate Judge, Eluru, preferred this second appeal.

2. Originally, the suit was filed by Mathey Yakob and his wife Mathey Suvarthamma, for the relief of recovery of possession of the suit schedule property and for mesne profits. It was pleaded that they are the owners of the suit schedule property through an agreement of sale, dated 21-5-1975. During the pendency of the suit, both of them died and their legal representatives, the respondents herein, were brought on record. The sole defendant in O.S. No.29 of 1981 has filed the second appeal. During pendency of the second appeal, he died and his legal representatives were brought on record.

3. The respondents pleaded that the suit schedule property belongs to them and through an agreement of sale, dated 21-5-1975, Ex. B-1, it was agreed to be sold to the appellants for a consideration of Rs.1 0,500/-. An amount of Rs.2,000/- was said to have been paid and the possession of the land was delivered on the date of agreement itself. Subsequently, the appellants paid a sum of Rs.3,355/- on 5-1-1979. Alleging that the appellants did not pay the balance of consideration in spi






























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