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2013 Supreme(AP) 414

SAMUDRALA GOVINDARAJULU
Tirumalasetty Santhamma – Appellant
Versus
Yenuganti Venkaiah – Respondent


Advocates Appeared:
For the Petitioners:M.S.N. Prasad, Advocate.
For the Respondent:Nimmagadda Satyanarayana, Advocate.

Judgment :

1) Unsuccessful legal representatives of the defendant in both the Courts below are the appellants herein. The plaintiff/respondent herein filed the suit for specific performance of Ex.A-1 contract for sale dated 12.07.1983 said to have been executed by the defendant in his favour for the plaint schedule site of Ac.0-10 cents in S.No.14 of Muppavaram village, Prakasam District, after allegedly receiving total consideration of Rs.5,000/- thereunder from him at the rate of Rs.500/- per cent. The defendant resisted the plaintiff’s claim on the ground that Ex.A-1 is a rank forgery and that the suit site fell to the share of the defendant’s son Raghavaiah in family partition which took place in the year 1977 and that the plaintiff is not entitled for relief of specific performance of Ex.A-1 agreement as prayed for. After trial, the trial Court decreed the suit; and on appeal by the defendant, the lower appellate Court dismissed the appeal. Therefore, this appeal is filed by legal representatives of the deceased-defendant.

2) At the time of admission of this second appeal, the then learned Judge of this Court did not identify substantial questions of law for determination in t






















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