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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
ABHINAND KUMAR SHAVILI, VAKITI RAMAKRISHNA REDDY
Swargam Venkata Swamy, died – Appellant
Versus
Eligeti Prabhakar – Respondent
| Table of Content |
|---|
| 1. factual background of the case. (Para 1 , 3 , 4 , 5) |
| 2. arguments of both parties. (Para 11 , 12) |
| 3. court's analysis on contract principles. (Para 14 , 15 , 16 , 17 , 20 , 21 , 22) |
| 4. doctrine of estoppel applied. (Para 18 , 19) |
| 5. conclusion of appeal dismissal. (Para 24 , 25) |
JUDGMENT :
Vakiti Ramakrishna Reddy, J.
This Appeal Suit is preferred by the appellant/defendant No.1 assailing the Judgment and Decree dated 24.11.2011 in O.S. No.29 of 2007 on the file of the I Additional District Judge, Karimnagar, whereby the suit filed by the plaintiff for specific performance of an agreement of sale was partly decreed.
2. For the sake of convenience, the parties are referred to as they were arrayed before the Trial Court.
I. BRIEF FACTS:
3. The case of the plaintiff is that defendant No.1 agreed to sell the schedule property, an industrial shed bearing No.E-5, Padma Nagar, Karimnagar, admeasuring 1300 sq. yards (approximately 11 guntas) with a plinth area of 229.27 sq. meters, for a total consideration of Rs.12,50,000/-. An advance of Rs.3,00,000/- was paid under agreement dated 11.03.2003, followed by subsequent payments aggregating to Rs.7,00,000/-. A further sum of Rs.40,0
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