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2010 Supreme(AP) 426

G.CHANDRAIAH
Pidikiti Venkatarathnam – Appellant
Versus
Dr. Ramanavarapu Sampath Kumar – Respondent


Advocates appeared:
Mr. V.L.N.G.K. Murthy, Counsel for the Appellant.
Mr. Movva. Chandrasekhara Rao, Counsel for the Respondent.

JUDGMENT

Heard both the counsel.

2. As both the appeals arise out of the common judgment and decree dated 30.06.2003 passed by the court of III Additional Senior Civil Judge, Vijayawada in O.S.Nos.303 of 1997 and 479 of 2000, and the parties are common and the subject matter is connected, they are being disposed of by this common judgment.

3. O.S.No.303 of 1997 was filed by one Dr. R. Sampath Kumar s/o late Madhusudhan Rao, through his General Power of Attorney Dr. Chigurupati Nageswara Rao against the defendant - Pidikiti Venkataratnam, for ejectment of the defendant and for delivery of vacant• possession of the plaint schedule property and for past profits.

4. O.S.No.479 of 2000 was filed by the defendant in the suit in O.S.No.303 of 1997 Pidikiti Venkataratnam, against the plaintiff in O.S.No.303 of 1997 Le., Dr.R.5ampath Kumar and his sister MS. Kakani Sandhya, for specific performance of the suit agreement of sale dated 22.10.1971 executed by the father of the defendants late Ramavarapu Madusudhana Rao in favour of the plaintiff for a valuable consideration of Rs.16,200/- in respect of the suit schedule property.

5. The suit schedule property in both the suits is as under:

"Immovab
















































































































































































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