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2009 Supreme(AP) 369

L.NARASIMHA REDDY
M. Rangaiah – Appellant
Versus
T. V. Satyanarayana – Respondent


Advocates:
Advocate Appeared
Mr. P. Shiv Kumar, Counsel for the Appellant.
Mr. Bokka Satyanarayana, Counsel for Respondent No.1.

JUDGMENT

This appeal, under Section 96 of the Code of Civil Procedure, 1908 (for short 'the Code'), is filed against the judgment and decree, dated 05-03-2007, passed by the Court of X Additional Senior Civil Judge, (FTC), City Civil Court, Hyderabad, in O.S.No.1586 of 2005.

2. The 151 respondent (for short 'the respondent') filed the suit, against the appellant, for the relief of specific performance of an agreement of sale, dated 16-08-2005. He pleaded that he is the owner of a Flat in the ground floor of premises, bearing No.7-1-414/A/22, Sanjeevareddy Nagar, Hyderabad, that the appellant is the owner of Flat, bearing No.B6/F2(LlG), in the first floor, and that when the same was offered for sale, he agreed to purchase it for a consideration of RS.6,25,000/•. It was stated that advance of Rs.25,000/- was paid on 25-07-2005, and on 16-08-2005, an amount of Rs.3,00,000/- was paid. An agreement of sale was said to have been executed on the same day, incorporating several conditions.

3. The respondent alleged that though he had two months time from the date of agreement for payment of the balance of consideration and for completion of the transaction, he came to know that the appellant











































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