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2007 Supreme(AP) 292

D.APPA RAO
Syed Burhan – Appellant
Versus
Mohammad Jahangir – Respondent


Advocates Appeared: For the Appellants:Md. Yoosufuddin, Advocate. For the Respondent:B. Narasimha Sarma, Advocate.

Judgment :-

The unsuccessful plaintiffs preferred this appeal against the decree and judgment in O.S.No.80 of 1989 of the learned Subordinate Judge, Mahboobnagar dismissing the suit filed for recovery of possession of house bearing Door No.3-3-83 situated at Mahabubnagar.

2. The case of the plaintiffs, in brief, is that the 1st plaintiff Syed Burhan, since died, was the absolute owner of the plaint schedule house bearing Door No.3-3-83, Madina, Masjid Road, Mahbubnagar. He executed an agreement of sale dated 28-06-1977 in favour of defendant. One of the stipulations is that the first plaintiff had to evict the tenant who was in occupation of the house and deliver vacant possession before registration. Accordingly, he got him evicted and delivered possession to the defendant on 08-09-1977. The date of registration was fixed to 09-09-1987. Since the defendant did not come, he cancelled the agreement, and called upon the defendant to vacate the premises. When he did not comply with his request, he filed suit O.S.No.43 of 1978 for possession and on its dismissal, he preferred A.S.No.565 of 1980. During pendency of the appeal, the defendant filed suit for specific performance in O.S.No.1

























































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