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2011 Supreme(AP) 653

R.KANTHA RAO
E. Amarnath Rao – Appellant
Versus
G. Vijaya Gowri – Respondent


Advocates Appeared:
For the Petitioners:D.V. Seetha Rama Murthy, Advocate.
For the Respondent:N. M. Krishnaiah, Advocate.

Judgment :

1. This second appeal is filed against the decree and judgment dated 12.04.1999 passed by the I Additional District Judge, Ranga Reddy District at Saroornagar in A.S.No.103 of 1996 reversing the decree and judgment dated 25.09.1996 passed by the Principal District Munsif, Hyderabad East & North, Ranga Reddy District in O.S.No.226 of 1990.

2. I have heard Sri D.V.Seetharama Murthy, learned Senior Counsel appearing for the appellants/plaintiffs and Sri N.M.Krishnaiah, the learned counsel appearing for the respondent/defendant.

3. For the sake of convenience, the parties will be referred as ‘the plaintiffs and the defendant’.

4. Theplaintiffs instituted the suit for specific performance of agreement to sell dated 01.04.1987 in respect of Plot No.A-3 measuring 305-06 sq. yards in Survey No.271 in Asaf Gramam, Alwal Municipality, Ranga Reddy District.According to the plaintiffs, the defendant agreed to sell the schedule mentioned property for consideration of Rs.45,000/-, the plaintiffs agreed to purchase and paid an advance of Rs.20,000/- under an agreement to sell executed on 01.04.1987. The amount was paid by means of a cheque and the balance of sale price was agreed to be






























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