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2014 Supreme(AP) 1427

L.N.REDDY
Ahmed Nawab Alladin – Appellant
Versus
Hyderabad Industries Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: R.A. Achuthanand
For Respondents/Defendant: Vinod Kumar Tadakamalla for S. Ravi

Order

L.N. Reddy, J.

1. The petitioner is the owner of an item of immovable property at Azamabad, Hyderabad. He executed a lease deed dated 16.7.1975, in favour of the respondent in respect of the suit schedule property, for a period of 99 years. Clause 16 thereof provided for sale of the property in favour of the respondent, subject to the condition stipulated therein. The respondent filed OS No. 2072 of 2011 in the Court of V Junior Civil Judge, City Civil Court, Hyderabad, for the relief of specific performance under the relevant clause of the lease deed. On receipt of summons in the suit, the petitioner filed IA No. 825 of 2011 under Order VII Rule 11(a) read with Section 151 C.P.C., with a prayer to reject the plaint. His contention was that the respondent has invoked only the first paragraph of clause 16, and if read in conjunction with second paragraph, the suit would be without cause of action. He pleaded that it is only when the execution of sale does not take place, by the end of lease period, that the respondent can make the payment and insist on conveyance of the property. It was urged that the suit, as it stands now, cannot be maintained in law, since it is without cause















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