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2024 Supreme(Online)(SC) 12364

SUPREME COURT OF INDIA
PYDI RAMANA @ RAMULU – Appellant
Versus
DAVARASETTY MANMADHA RAO – Respondent


Advocates:
Petitioner's Advocate: GUNTUR PRABHAKAR
Respondent's Advocate: ABHIJIT SENGUPTA

JUDGEMENT

Aravind Kumar, J.

1. The appellant who is the original defendant before the trial Court has preferred this appeal questioning the correctness and legality of the judgment dated 07.06.2011 whereunder the second appeal filed by him in S.A No.1282 of 2008 came to be partly allowed, confirming the order of the appellate court passed in A.S. No.39 of 2004 which granted the relief of specific performance in favour of the plaintiff and directed the respondent-plaintiff to pay additional sale consideration namely twice the sale consideration.

2. We have heard the arguments of Shri B. Adinarayana Rao, learned Senior Counsel appearing for appellant and Shri D. Bharat Kumar, learned Counsel appearing for the respondent perused the records. Brief Background

3. The respondent herein who was the plaintiff filed a suit for specific performance of the agreement dated 07.06.1993 by contending inter alia that appellant-defendant had agreed to sell the property measuring Ac.1.38 cents for a total consideration of Rs.705/- per cent as per the terms reduced by way of an agreement executed on the same day whereunder plaintiff claimed to have paid an advance amount of Rs.2,005/- and defendant agree

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