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2021 Supreme(AP) 153

LALITHA KANNEGANTI
M. Bala Krishna Reddy – Appellant
Versus
T. Ramachandraiah – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Y. N Vivekananda

JUDGMENT :

The present Second Appeal is filed under Section 100 of Code of Civil Procedure, 1908 (for short “CPC”) by the unsuccessful plaintiffs assailing the decree and judgment dated 02.12.2020 in A.S.No.43 of 2013 on the file of V Additional District Judge, Tirupati confirming the decree and judgment dated 06.02.2013 in O.S.No.1335 of 2008 on the file of Principal Junior Civil Judge, Tirupati.

2. The parties in this second appeal are referred to as they are arrayed in the original suit for the sake of convenience.

3. The appellant who is the plaintiff filed O.S.No.1335 of 2008 seeking the relief of specific performance of agreement of sale dated 30.03.1984. The specific case of the plaintiff is that the plaint schedule property originally belonged to the defendant. On 30.03.1984 the defendant entered into an agreement of sale i.e. Ex.A.1 with the plaintiff agreeing to sell the plaint schedule property for Rs.20,000/-for his family expenses. On the date of executing Ex.A.1 the defendant received the sale consideration and he delivered the physical possession of the plaint schedule property to them and promised that he will execute sale deed on sufficient valuable stamps and get it

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