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2014 Supreme(AP) 998

M.S.K.JAISWAL
Kalvakolanu Tarakamma – Appellant
Versus
Pulichintala Narsimha Reddy – Respondent


Advocates appeared:
For the Appellants:T.S. Anand, VLNGK Murthy, T. Srinivasa Murthy, Advocates.
For the Respondent:J. Prabhakar, Advocate.

Judgment :

This appeal is filed by the defendant(s) against the Judgment and decree, dated 26-02-1993 in O.S.No.65 of 1988 on the file of the Subordinate Judge, Miryalaguda.

2. The averments of the case in brief are as under:-

The suit was filed by the plaintiff for specific performance of the agreement of sale dated 03-10-1985, alleged to be executed by the defendant in favour of the plaintiff. The plaintiff avers that he and the husband of the defendant, by name Ramanadham are close friends. In July, 1985, the said Ramanadham proposed to sell about 1150 Sq.Yds., of open site in Sy.No.193, situated at Huzurnagar, which was standing in the name of his wife, the defendant. After negotiations the price of the plot was fixed at Rs.150/-. Accordingly, on 03-10-1985, the plaintiff paid an amount of Rs.1,65,000/- to the defendant and duly executed the Agreement of Sale in favour of the plaintiff and delivered the physical possession of the suit schedule property. The plaintiff further stated that as per the terms of the said agreement, though the suit land was approximately measured as 1150 Sq.Yds., it should be measured by 01-05-1986 to know the actual extent, and that after receiving







































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