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2023 Supreme(AP) 695

T. MALLIKARJUNA RAO
B. Pedda Venkata Narayana – Appellant
Versus
C. Chinna Boreddy – Respondent


Advocates Appeared:
For the Petitioner: G. Rama Sarma.
For the Respondent: Kaleemulla S.

JUDGMENT:

1. Aggrieved by the Judgment and Decree dated 27.08.2005 in O.S.No.32 of 2000 passed by the II Additional District Judge, Kadapa (for short "the Trial Court"), the appellants/defendants No.1 and 2 preferred this appeal.

2. For convenience's sake, the parties will hereinafter be referred to as arrayed in the O.S.

3. It is a suit filed for specific performance directing the defendants to receive the balance of sale consideration of Rs.75,000/- and execute a registered sale deed in favour of the plaintiff.

4. The plaintiff's case is that the schedule property belongs to the defendants. On 30.01.1997, the defendants approached the plaintiff and agreed to sell him the schedule property for Rs.5,75,000/-. They received an amount of Rs.5,00,000/- from the plaintiff towards the part of the balance sale consideration and agreed to receive Rs.75,000/- on or before 30.12.1997 and execute the registered sale deed with the expenses of the plaintiff. The defendants executed the sale agreement on the same day, agreeing to the terms and conditions. The plaintiff is ready and willing to fulfil his obligations under the agreement and pay the remaining balance. The defendants are postponing

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