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2010 Supreme(AP) 252

V.AFZULPURKAR
G. Ramanamma – Appellant
Versus
P. Chiranjeevi Rao – Respondent


Advocates appeared:
For the Petitioner:V. Parabrahma Sastry, Advocate. For the Respondent:M.V.S. Suresh Kumar, Advocate.

JUDGMENT :

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































































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