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2023 Supreme(AP) 835

T. MALLIKARJUNA RAO
Mogarala Nageswara Rao – Appellant
Versus
Bondilli Chandra Singh – Respondent


Advocates Appeared:
For the Petitioner: Sunkara Rajendra Prasad.
For the Respondent: T.C.D. Sekhar.

JUDGMENT :

1. The appeal, under Section 96 of the Code of Civil Procedure, 1908, is filed by the appellant/plaintiff challenging the decree and judgment dated 04.11.2009 in O.S. No.16 of 2006 passed by the Additional District Judge-cum-Family Court, Nellore (for short, ‘trial court’).

2. The parties will hereinafter be referred to as arrayed before the trial court.

3. The plaintiff's claims in the plaint are summarized as follows :

    (a) The defendant agreed to sell the schedule property for Rs.19,00,000/- to the plaintiff. An advance payment of Rs.1,00,000/- was made, and a sale agreement was executed on 04.03.2004. The terms of the agreement stipulated that the defendant would ensure the eviction of tenants from the ground floor shop rooms, while the plaintiff would be responsible for evicting the tenant on the first floor. After demolishing the entire house, the plaintiff was ready to pay the sale consideration of Rs.8,00,000/- to the defendant At the time of registration, agreed to pay the balance amount of Rs.10,00,000/-. However, the defendant failed to take any action to evict the three shop room tenants or vacate the portion of the house in their possession, hindering the executi

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