R.M.LODHA, P.SATHASIVAM
Kammana Sambamurthy (D) By LRs. – Appellant
Versus
Kalipatnapu Atchutamma (D) – Respondent
Hon'ble LODHA, J.—The original contesting parties are dead. They are now represented by their legal representatives. This is not unusual when litigation goes on for more than 25 years.
2. These two appeals, one by the legal representatives of Kammana Sambamurthy (original plaintiff) and the other by legal representatives of Kalipatnapu Atchutamma (original defendant no. 2) are directed against the judgment and decree dated December 23, 2002 passed by the High Court of Judicature, Andhra Pradesh, at Hyderabad. The High Court modified the judgment and decree dated July 2, 1991 passed by the Subordinate Judge, Anakapalli in a suit for specific performance of the contract. The husband of defendant no. 2 – Kalipatnapu Kamaraju - was original defendant no. 1; he is also dead. For convenience, we shall refer to the original plaintiff, ‘the vendee’; the original defendant no. 1, ‘the vendor’ and the original defendant no. 2, ‘the vendor’s wife’. The facts, as we find them, are shortly as follow.
3. On February 19, 1984, the vendor entered into an agreement of sale (for short, `the agreement’) with the vendee in respect of a tiled house consisting of six rooms, verandah, three mulgis
Kartar Singh vs. Harjinder Singh & Ors. ((1990) 3 SCC 517) 21
Manzoor Ahmed Magray vs. Ghulam Hassan Aram & Ors. ((1999) 7 SCC 703) 22
A. Abdul Rashid Khan (Dead) & Ors. vs. P.A.K.A. Shahul Hamid & Ors. ((2000) 10 SCC 636) 23
HPA International vs. Bhagwandas Fateh Chand Daswani & Ors. ((2004) 6 SCC 537) 24
Ghantesher Ghosh vs. Madan Mohan Ghosh & Ors. ((1996) 11 SCC 446) 25
Pramod Kumar Jaiswal & Ors. vs. Bibi Husn Bano & Ors. ((2005) 5 SCC 492) 25
Shanmughasundaram & Ors. vs. Diravia Nadar (Dead) By LRs. & Anr. ((2005) 10 SCC 728) 25
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