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2024 Supreme(AP) 123

T. MALLIKARJUNA RAO
Bogi Rajeswari W/o. Anjaneyulu – Appellant
Versus
Chintala Srinivasa Kumar S/o. Venkata Rao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : G RAMESH BABU
For the Respondents: TURAGA SAI SURYA

JUDGMENT :

1. The Appeal, under Section 96 of the Code of the Civil Procedure, 1908 (for short, 'C.P.C.'), is filed by the Appellant/Defendant challenging the decree and Judgment dated 26.09.2016 in O.S. No.27 of 2010 passed by the learned Principal District Judge, Srikakulam (for short, 'the trial court').

2. Respondent is the Plaintiff who filed the suit in O.S. No.27 of 2010 seeking Specific Performance of agreement of sale dated 25.05.2009, directing the Defendant to execute the registered sale deed in favour of the Plaintiff regarding the suit schedule property by receiving the balance sale consideration amount.

3. Referring to the parties hereinafter as arrayed in the suit is expedient to mitigate potential confusion and better comprehend the case.

4. The factual matrix, necessary and germane for adjudicating the contentious issues between the parties inter se, may be delineated as follows:

(a) The Defendant, possessing full ownership of the schedule property, agreed to sell it to the Plaintiff at Rs.11,000/- per cent. The agreement was formalized on 25.05.2009, with the Defendant receiving an advance payment of Rs.12,00,000/- on the same day. The agreement, executed at the Defend

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