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1962 Supreme(Online)(AP) 3

ANDHRA PRADESH HIGH COURT
*Manohar Pershad, Srinivasachari, JJ.
Chandravati Bai (died) by Legal representative Kishen Das v. Chaganlal deceased by legal representative Mangilal


1. This Civil Miscellaneous Appeal on behalf of the judgment - duebtor arises out of execution proceedings started by the decree - holders herein.

2. The facts which give rise to this appeal are: Chaganlal, Prahlad Rai and Nanu Ram as plaintiffs brought a suit for specific performance against Chandravati Bai, the appellant in the Original Side of the High Court of Hyderabad and obtained a decree, which is in the following terms:
"The defendant execute the sale deed within two months of the date of this judgment on the plaintiffs paying the balance of the price i.e., Rs.15,500/-. If the plaintiffs were to fail in presenting the sale deed to the defendant for execution and registration with the balance only of the price money, this suit shall stand dismissed. On the other hand, if the defendant were to fail to execute and register the sale deed on its presentation together with the balance of the price money, this Court will execute and register the sale deed and arrange for delivery of its possession to the plaintiff."
This decree was passed on 01/07/1952; but before the passing of the decree, Chaganlal, having died, his son Mangilal was brought on record as his legal representative. A





























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