P.S.NARAYANA
S. Mahaboob Basha – Appellant
Versus
B. R. Mohan Rao (died) per L. Rs. – Respondent
JUDGMENT :
1. This appeal is filed by the unsuccessful defendants in O.S. No. 54 of 1978 on the file of Additional Subordinate Judge, Anantapur. Though as against respondents 3, 6 to 11 and 13 the matter was dismissed for default at a particular point of time, the same had been restored by an order dated 14-10-2004 in CMP. No. 14320 of 2004.
2. The respondents-plaintiffs filed the suit for specific performance of an agreement of sale dated 7-10-1968 with a further prayer to deliver the possession of the property to the plaintiffs. The first and second plaintiffs, viz., B.R. Mohan Rao and G. Sreeramulu, died and their legal representatives were brought on record. On the strength of the respective pleadings of the parties and having settled the issues, the learned Judge recorded the evidence of P.Ws. 1 to 3, D.Ws. 1 to 4, marked Exs. A-1 to A-16, X-1 to X-3, C-1 to X-3 and also C-1 to C-7 and ultimately arrived at a conclusion that in view of the fact that the plaintiffs having already deposited the balance of consideration of Rs. 40,000/- into Court by way of a Lodgment Schedule and in the light of the findings recorded on issues 1 to 4 and the additional issue, the suit was decreed w
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