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V.V.S.RAO
A. K. Lakshmipathy (died) by LR – Appellant
Versus
Rai Saheb Pannalal Hiralal Lahoti Charitable Trust, Hyderabad – Respondent


JUDGMENT :

1. These two appeals are filed against the judgment and decree in O.S. No. 31 of 1985 dated 25.8.1993 passed by the Court of the Principal Subordinate Judge, Ranga Reddy District. C.C.C.A. No. 88 of 1993 is filed by the plaintiffs and A.S. No. 673 of 1995 is filed by the defendants insofar as the trial Court directed the defendants to refund a sum of Rs. 1,00,000/- (Rupees One lakh only) to plaintiffs which they have paid to the defendants as an advance. The suit was filed by the plaintiffs for specific performance of agreement of sale deed dated 6.12.1978. The trial Court dismissed the suit insofar as the said prayer is concerned and passed a decree for refund of the advance amount. Aggrieved by the judgment, both the parties are before this Court. For the sake of convenience, the parties are referred to as they are arrayed in the suit.

2. The plaint allegations, in brief, are as follows: The property bearing Municipal No. 1-11-251 comprising a double storied building with two garages, one open garage, one servant's room, well with electric motor and pump standing in an area admeasuring 9400 sq. yards at Begumpet, Hyderabad, originally belonged to one Rai Saheb Pannalal L

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