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2008 Supreme(AP) 811

B.PRAKASH RAO, R.KANTHA RAO
M. Harinarayana @ Haribabu – Appellant
Versus
P. Swaroopa Rani – Respondent


Advocates appeared:
Counsel for the Appellant: Mr. V.R. Reddy Kovvuri
Counsel for the Respondent: Mr. T. Balaji

JUDGMENT: (Per Hon'ble Mr Justice R.Kantha Rao)

1. A.S.No.271 of 2006 is directed against the judgment and decree dated 29.04.2006 passed in O.S.No.44 of 2002 by the I Additional District Judge, Kadapa.

2. The appellant filed the suit for specific performance of agreement to sell, dated 28.03.2001 executed by the respondent and also for permanent injunction restraining the respondent from interfering with his possession and enjoyment of the schedule mentioned property, which is a cinema theatre. The suit was dismissed without costs. Feeling aggrieved, the appellant/plaintiff preferred this appeal.

3. Cross-objections (S.R.) No.6858 of 2006 are filed by the respondent challenging the finding of the trial Court that the respondent did not disclose to the appellant all the debts due upon the schedule mentioned property as on the date of the suit agreement to sell.

4. FACTS: The respondent who is the owner of M/s. Sri Venkateshwra Theatre, Nagarajupalli, Kadapa District hereinafter referred to as schedule mentioned property, agreed to sell the same to the appellant for a consideration of Rs.64,00,000/- and the appellant also agreed to purchase the same. On 28.03.2001 the respondent exe






































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