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2023 Supreme(Telangana) 541

P. SREE SUDHA
Vemula Kishtaswamy – Appellant
Versus
Mirza Maqsood Baig – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri K.Raguveer Reddy
For the Respondent: Sri V.Rohith and Sri Y.Neelakanta Reddy

JUDGMENT :

This Appeal Suit is filed against the Judgment and Decree dated 29.04.2015 in O.S.No.69 of 2012 passed by the learned Family Court-cum-Additional District and Sessions Judge, Karimnagar.

2. Respondent/plaintiff filed a suit in O.S.No.69 of 2012 for Specific Performance of Agreement of Sale dated 04.08.2011 against the appellant/defendant. The trial Court examined P.Ws.1 to 3 and marked Exs.A1 to A16 on behalf of the plaintiff and also examined D.Ws.1 & 2 on behalf of the defendants, but no documents were filed on behalf of the defendants. Considering the oral and documentary evidence, decreed the suit in favour of the respondent/plaintiff and directed him to pay the balance sale consideration of Rs.5,32,327/- along with good will offered by him under Ex.A12 i.e., Rs.1,00,000/- with interest at 12% per annum from the date of suit till the date of deposit within one month, on such deposit appellant/defendant has to execute the regular sale deed in respect of the plaint schedule property. Aggrieved by the said Judgment, defendant therein preferred the present appeal.

3. Appellant mainly contended that respondent/plaintiff is not ready to perform his part of contract. He failed

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