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C.Y.SOMAYAJULU
Ramanivas Gupta – Appellant
Versus
Maliram – Respondent


Advocates Appeared:
M/s. C. Poornaiah, M.V.S. Suresh Kumar, C.V. Mohan Reddy, T. Veerabhadrayya and R. Briz Mohan Singh, Advocates for the Appellants.
M/s. D.V. Reddy and M. Sreenivasa Rao, Advocates for Respondents.

JUDGMENT :

Since all these appeals arise out of O.S.No. 856 of 1985, they are being disposed of by a common Judgment. For the sake of convenience I would refer to the parties as they are arrayed in the suit.

2. Initially three plaintiffs filed the suit against five defendants for specific performance of an agreement of sale dated 5-10-1982 said to have been executed by the 1st defendant in their favour, in respect of malgies bearing Municipal Nos. 21-2-172, 21-2-173 and 21-2-174, which are in their possession as tenants of the 1st defendant, and a right of pre-emption of the first floor portion over the said malgies, alleging that 1st defendant initially entered into an oral agreement to sell the aforesaid three malgies and the residential portion in the first floor of the said malgies to them on 16-8-1977, and that thereafter had on 5-10-1982 executed an agreement of sale in their favour in respect of the said three malgies for a total consideration of Rs.3,06,000/- at the rate of Rs. 1,02,000/- per each malgi after having received Rs. 1,000/- towards part of the sale consideration and also agreed to sell the residential portion on the first floor of the malgies to them only in case

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