M.S.K.JAISWAL
Poorna Pictures Private Limited – Appellant
Versus
Karimunnisa Begum – Respondent
1. The plaintiff, being unsuccessful in O.S.No.313 of 1982 on the file of the learned Additional Chief Judge, City Civil Court, Hyderabad, in obtaining the decree for specific performance of the agreement, dated 21-08-1977, has preferred the appeal assailing the Judgment and Decree dated 28-01-1993. The plaint schedule property comprises of 4188 Sq.Yds., forming part of the premises Nos.1-1-79/C, 1-1-79/B and 1-1-79/A/1, Musheerabad, Hyderabad.
2. The plaintiff, which is a private limited company, in its plaint pleaded that on 21-08-1977 it agreed to purchase the suit schedule property from the defendants No.1 to 3 for a consideration of Rs.4,00,000/- and paid Rs.40,000/-towards advance and the sale agreement was reduced into writing. As per the terms of the sale agreement, the plaintiff was entitled to apply for permission so as to construct a theatre in the suit schedule property. It is averred that originally nine months time was agreed for obtaining such permission, but the time was extended up to 21-10-1978 by mutual agreement. When the plaintiff applied for permission, the concerned authorities refused to grant the same and then the plaintiff filed W.P.No.2028 of 1
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