V.AFZULPURKAR
G. Ramanamma – Appellant
Versus
P. Chiranjeevi Rao – Respondent
1. This appeal is by the plaintiff against the dismissal of her suit, for specific performance of agreement of sale dated 09.09.1989, being O.S.No.35 of 1995 by judgment and decree dated 28.09.2000.
2. Since it is a plaintiff’s appeal the parties herein are referred to as they are arrayed in the suit. The material facts are as follows:
3. Under Ex.A1 dated 09.08.1989 the defendant agreed to sell the schedule property, which is approximately 100 gadis, [1 Gadi = 8 sq. yards and thereby the approximate area covered under Ex.A1 agreement is about 800 sq. yards] to the plaintiff at Rs.1,500/- per gadi. The English translation of the original agreement in Telugu, which is certified by both the learned counsel, as correct, is considered during the hearing of this appeal. The essential ingredients of the agreement are as follows.
4. As per the recitals of the said agreement, the said land belonging to the ancestors of the defendant, which is in his absolute possession and enjoyment, was agreed to be sold at Rs.1,500/- per gadi and Rs.20,000/- was received as advance on the date of agreement. The defendant, further, agreed to execute the registered sale deed or sale deeds in favo
Ramzan v. Smt. Hussaini: AIR 1990 SC 529. (Para 12)
Manjunath Anandappa V. Tammanasa: (2003) 10 SCC 390. (Para 14)
H.P. Pyarejan v. Dasappa: 2006 (3) ALT 41 (SC) = 2006 (3) SCJ 107 = (2006) 2 SCC 496. (Para 14)
Mohammed Ibrahim v. Mohammed Abdul Razzak: 2007 (5) ALT 510 (D.B.) = AIR 2007 AP 294. (Para 23)
Chand Rani v. Kamalfani: AIR 1993 SC 1742. (Para 23)
Valiammal Rangarao Ramachar v. Muthukumaraswamy Counder: (1982) 3 SCC 508. (Para 24)
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