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2016 Supreme(AP) 678

V.RAMASUBRAMANIAN, ANIS
Killamsetty Eswari – Appellant
Versus
Pedada Tulasi Rao – Respondent


Advocates Appeared:
For the Appellant : Sri M.V. Durga Prasad.
For the Respondents: Sri V.L.N.G.K. Murthy and Sri V.V. Prabhakar Rao.

JUDGMENT :

V. Ramasubramanian, J.

1. The plaintiffs in a suit, whose prayer for specific performance was negatived, but in whose favour a decree for refund of money was granted, have come up with the present regular appeal.

2. Heard Mr. M.V. Durga Prasad, learned counsel for the appellants, Mr. V.L.N.G.K. Murthy, learned counsel appearing for the respondents 2 to 4 and 7 to 10, Mr. V.V. Prabhakar Rao, learned counsel appearing for the respondents 5 and 6 who are the subsequent purchasers of the property.

3. The appellants herein filed a suit in O.S. No. 21 of 2007 on the file of the District Court, Srikakulam as against the respondents 1 to 4 herein (the first respondent since died and his legal representatives were impleaded as respondents 7 to 10). The suit was for specific performance of an agreement of sale of immovable property dated 06.09.2004.

4. The respondents 1 to 4 took a defence in their Written Statement that they wanted to dispose of the suit schedule property, for the purpose of acquiring another property in Visakhapatnam and that the completion of the sale transaction hit several road blocks, in view of the tenants not vacating the property, but contesting the rent contr






































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