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2023 Supreme(Telangana) 364

P. NAVEEN RAO, J. SREENIVAS RAO
Sunil Constructions, Rep. by its Managing Partner Sri B. Sunil Chandra Reddy – Appellant
Versus
Dega Madhavi, W/o D. Srinivasa Reddy – Respondent


JUDGMENT :

P.Naveen Rao, J.

1. Facts as culled out from the pleadings are as under:

1.1. On 19.10.2002 Development Agreement-cum-General Power of Attorney (DAGPA) was entered into by the respondents 1 to 6 in favour of appellant for development of land admeasuring 3.5-3.6 acres (2 acres from respondents 1 to 4’s total land of Acs.3.00 and 1.5-1.6 acres from respondents 5 and 6’s total land of Acs.2.00) situated in Sy.N.136 of Gachibowli village, Serilingampally Mandal, Ranga Reddy district to be developed into a residential layout with independent houses. On 29.10.2002 appellant paid an amount of Rs. 12,50,000/- to respondents 1 to 4 and Rs.9,00,000/- to respondents 5 and 6 as refundable deposit. The amount with respect to respondents 5 and 6 was paid in favour of Patel Engineering Limited as respondents 5 and 6 were Directors of the said company. The DAGPA required owners of the land to ensure mutation of their names in revenue records. On 24.07.2004, Mutation Certificate was obtained in favour of the original pattedar, Syed Suleman, vide proceedings bearing No.B/1986/1997.

1.2. Later, respondents 1 to 6 expressed desire to develop a Star hotel on the land instead of residential layou

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