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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TARLADA RAJASEKHAR RAO
Sami Venkata Subbaiah S/o Venkateswarlu – Appellant
Versus
Padachuri Ashok Kumar S/o Balarama Gupta – Respondent
JUDGMENT :
TARLADA RAJASEKHAR RAO, J.
1. Both the Second Appeals i.e., S.A. No.563 of 2025 and S.A. No. 575 of 2025 are disposed of by this common Judgment.
2. These Second Appeals i.e. S.A.No. 563 of 2025 is filed against A.S. No. 8 of 2016, on the file of the VII Additional District Judge, Prakasam District at Ongole, in confirming the judgment and decree dated 26.12.2014, made in O.S. No.361 of 2007, on the file of the Principal Senior Civil Judge, Ongole, and S.A.No. 575 of 2025 is filed against A.S. No. 32 of 2015, on the file of the VII Additional District Judge, Prakasam District at Ongole in confirming the judgment and decree dated 26.12.2014 made in O.S. No.361 of 2007, on the file of the Principal Senior Civil Judge, Ongole; are filed by the Plaintiff in the suit O.S. No 361 of 2007 on the file of the Principal Senior Civil Judge Ongole Plaintiff/Tenant.
3. Suit O.S. No. 810 of 2006, on the file of the I Additional Junior Civil Judge was filed for eviction against the defendant, who is the plaintiff in Suit O.S. No. 361 of 2007, on the file of the Principal Senior Civil Judge. The latter suit was filed for specific performance against the plaintiff in O.S. No. 810 of 2006. Su
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Point of law: The effect of Order XLI Rule 27(1)(b) CPC was considered in recording such observations. It was not an instance with reference to application of Order XLI Rule 27(1)(aa) CPC. This claus....
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Agreement to Sell – In a suit for specific performance of agreement, it is for Plaintiff to prove his readiness and willingness to perform his obligations under the agreement – Where a certain amount....
Ownership cannot be claimed through mere agreement for sale pending legal resolution; status as tenant continues unless a decree is established.
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The main legal point established in the judgment is the requirement for the plaintiff to prove continuous readiness and willingness to perform the essential terms of the contract, as mandated by Sect....
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