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2023 Supreme(AP) 1181

T. MALLIKARJUNA RAO
Alla Venkata Reddy S/o Laxma Reddy – Appellant
Versus
Bonthu Pitchi Reddy S/o Sudha Reddy (Died) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Raja Reddy Koneti.

JUDGMENT :

T. MALLIKARJUNA RAO, J.

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellant/plaintiff challenging the decree and Judgment dated 16.11.2010 in O.S.No. 127 of 2010 passed by the learned II Additional District Judge, Guntur (for short, ‘the trial court’). The appellant is the plaintiff, who filed the suit in O.S.No. 127 of 2010 seeking the refund of advance money of Rs.24,00,000/- along with interest at 12% p.a., from 06.06.2007 to 04.06.2010 which is an amount of Rs.8,64,000/- totaling to Rs.32,64,000/- and for costs of the suit.

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:

    The defendant is the owner of the plaint schedule property of Ac.3.00 cents in D.No. 264 and 267 of the Village Jonnalagadda Gram Panchayat within the boundaries given in the plaint schedule. The defendant agreed to sell the same to the plaintiff at Rs.32,00,000/- per acre. On 06.06.2007, he received an amount of Rs.24,00,000/-. The plaintiff agreed that the remaining balance would be paid within four months i.e., on or before 06.06.2007. The defendant agreed to ex

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