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2006 Supreme(AP) 425

C.Y.SOMAYAJULU
SHAIK MASTAN – Appellant
Versus
KAREMPUDI DHARMA RAO – Respondent


Advocates Appeared: M.CHANDRASEKHAR RAO, T.S.ANAND

( 1 ) DEFENDANTS in a suit for specific performance are the appellants. For the sake of convenience parties to the appeal would hereinafter be referred to as they are arrayed in the trial Court.

( 2 ) THE case, in brief, of the plaintiff is that kshasimbi (hereinafter referred to as the deceased) i. e. , wife of first defendant and mother of defendants 2 to 6, was the owner of Ac. 1. 25 cents of wet land situated in r. S. Nos. 114/2 and 115/2 of Gollapudi village (hereinafter referred to as the suit land ). She agreed to sell the suit land to him for rs. 30,000/-, at the rate of Rs. 21,000/- per acre and received Rs. 1,000/- as advance and executed an agreement of sale in his favour on 4-6-1976 and put him in possession thereof. The said agreement was attested by the first defendant. As per the terms of the said agreement, he has to discharge the debts due from the deceased to third parties mentioned therein. So, he discharged those debts and is always ready and willing to perform his part of the contract. Since the deceased died without executing the sale deed in his favour, he got issued a registered notice to the defendants to execute and register the sale deed in respect of th









































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