L.NARASIMHA REDDY, S.V.BHATT
Hotel Asrani Private Limited, represented by Atmaram K. Asrani – Appellant
Versus
Trilok Singh – Respondent
L. Narasimha Reddy, J.
These two appeals arose out of the judgment and decree dated 23-02-2000 passed by the learned III Senior Civil Judge, City Civil Court, Secunderabad, in O.S. No.643 of 1988.
2. The sole plaintiff in the suit preferred C.C.C.A. No.124 of 2000 and the 1st defendant therein preferred C.C.C.A. No.149 of 2000. The 2nd defendant is the son of the 1st defendant.
3. For the sake of convenience, the parties are referred to as arrayed in the suit before the trial Court.
4. The plaintiff filed the suit for the relief of specific performance of an agreement of sale dated 24-04-1985 in respect of the suit schedule property, a plot of 2,000 square yards bearing Municipal No.1-11-256 at Begumpet, Secunderabad, or in the alternative to pass a decree for damages, in a sum of Rs.15.00 lakhs with interest at 24% per annum.
5. The plaintiff pleaded that the 1st defendant and his son, the 2nd defendant, are the joint owners of the suit schedule property and they have executed the agreement of sale in its favour. It was alleged that consideration for the property was fixed at Rs.15.00 lakhs and that a sum of Rs.51,000/- was paid on the date of agreement. It was alleged
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