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2011 Supreme(AP) 123

N.R.L.NAGESWARA RAO
Rudram builders, a registered partnership firm, Secunderabad rep, by one of its partners Laxmikanth C. Seth – Appellant
Versus
Asharafuddin (died) and not necessary – Respondent


Advocates Appeared:
For the Appellant:S. Sudarshan, Advocate.
For the Respondents:R4, R6, R7, R9, R10, R11 & R12 - T. Surya Satish, Advocate, R5 - None Appeared, R8 -N. Vijay, Advocate.

Judgment :-

1. The plaintiff in O.S. No. 549 of 1993 on the file of I Additional Senior Civil Judge, Ranga Reddy District, at L.B.Nagar, Hyderabad, is the appellant. The suit was filed for specific performance of contract of sale dated 07.10.1987.

2. The case of the plaintiff is that the 1st defendant is the father of defendant Nos.2 to 5. The 1st defendant is the owner of agricultural lands admeasuring Ac.08.05 guntas in S.Nos.1120/1 and 1120/2, situated at Medchal village, Medchal Talug/Mandal, Ranga Reddy District, having inherited the same from his ancestors. The revenue records show the name of the 1st defendant as Pattedar of the property. The plaintiff submits that the 1st defendant, on 05.02.1987, offered to sell Ac. 13.05 guntas of agricultural land in S.Nos.1120/1, 1120/2, 1113 and 1114/1, situated at Medchal village at the rate of Rs.70,000/- per acre. Defendant Nos.2 to 5 were also requested to join in execution of the documents. However, it was subsequently found that there is a litigation in respect of the land in S. Nos. 1113 and 1114/1. Therefore, the plaintiff had given up the land covered by the said survey numbers and an agreement of sale was executed on 07.10.19






























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