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2022 Supreme(AP) 276

SUBBA REDDY SATTI
Gampala Naga Raju – Appellant
Versus
Shaik Nazeerunnisa – Respondent


Advocates Appeared:
For the Petitioner: P A Seshu
For the Respondent: B Paramesewara Rao

JUDGMENT:

The plaintiff is the appellant in the above second appeal. The present second appeal is filed against the judgment and decree dated 29.11.2017 in A.S.No.14 of 2015 on the file of XI Additional District and Sessions Judge, Tenali, confirming the judgment and decree dated 05.12.2014 in O.S.No.259 of 2011 on the file of Principal Senior Civil Judge, Tenali.

2. For the sake of convenience, the parties shall be referred to as they are arrayed in the O.S.No.259 of 2011.

3. The plaintiff filed the suit seeking specific performance of agreement of sale dated 23.07.2011 or alternatively for refund of advance sale consideration of Rs.90,000/- with interest and costs etc. In the plaint, it was contended inter alia that defendants 1 and 2 entered into a contract of sale dated 23.07.2011 agreeing to sell the plaint schedule property on bill contract rate of Rs.4,10,000/- by receiving advance sale consideration of Rs.90,000/-; that as per the terms of agreement of sale, balance sale consideration is to be paid by the plaintiff within 30 days and thereafter, defendants 1 and 2 have to execute registered sale deed either in favour of plaintiff or his nominees; that if the plaintiff fails to

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