U.DURGA PRASAD RAO
Mohammed Abdul Azeem – Appellant
Versus
South India Prime Tannery Pvt. Ltd. – Respondent
1. Aggrieved by the Judgment and Decree dated 01.10.2007 in O.S.No.104 of 2003 passed by the learned XII Additional Chief Judge (FTC), City Civil Court, at Hyderabad, granting specific performance decree in favour plaintiff in respect of suit schedule property i.e, undivided half share in premises bearing Municipal No.1-5-6/A (new), 1-5-6(old) admeasuring 516 sq.yards out of 1032 sq.yards situated at Bakaram, Musheerabad, Hyderabad, the defendants preferred the instant appeal.
2. The first defendant is the father and 2nd defendant is the son of 1st defendant. The Plaintiff’s case in brief is that the defendants 1 and 2 along with other sharers—Sri Mohd. Abdul Mannan and his son—Sri Mohd. Meraj had entered into an agreement of sale of the premises bearing Municipal No.1-5-6/A(new), 1-5-6(old) admeasuring 1032 sq.yards situated at Bakaram, Musheerabad, Hyderabad, with the plaintiff on 25.02.2000 for Rs.49,53,600/- at the rate of Rs.4800/- per sq.yard and on the same day, the plaintiff paid Rs.5,00,000/- i.e, Rs.2,50,000/- to defendants 1 and 2 and Rs.2,50,000/- to Sri M.A.Mannan and to his son—Sri Mohd. Meraj. Plaintiff was always ready and willing to perform his part of contr
K.S.Vidyanadam and others vs. Vairavan (1997) 3 SCC 1) – Referred.
Saradamani Kandappan vs. S. Raja Lakshmi and others (2011) 12 SCC 18) – Referred.
Azhar Sultana v. B.Rajamani (2009) 17 SCC 27) – Referred.
Sita Ram v. Radhey Shyam (AIR 2008 SC 143) – Referred.
Gomathinayagam Pillai and others vs. Palaniswami Nadar (AIR 1967 SC 868 (1) – Referred.
Govind Prasad Chaturvedi vs. Hari Dutt Shastri and another (AIR 1977 SC 1005) – Referred.
Veerayee Ammal v. Seemi Ammal (AIR 2001 SC 2920 = (2001) 1 SCC 134) – Referred.
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