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2008 Supreme(AP) 362

V.V.S.RAO
Baddam Prathap Reddy, S/o. Rathna Reddy – Appellant
Versus
Chennadi Jalapathi Reddy, S/o. Malla Reddy – Respondent


Advocates appeared:
Counsel for the Appellant: Sri N.Vasudeva Reddy.
Counsel for the Respondents: Sri M.Jagannadha Sarma, for Sri C.Ramesh Sagar.

JUDGMENT:

The suit for specific performance, being O.S.No.91 of 1996, on the file of the Court of the III Additional District Judge, Karimnagar, filed by the first respondent herein (hereafter called, the plaintiff), was decreed on 05.12.2003 directing the appellant herein (hereafter called, first defendant) to execute sale deed for House No.1-5-266 (new) situated at Kaman Road, Karimnagar, and further directing first defendant to induct the plaintiff into possession of the eastern portion of the suit house by evicting the tenant. The second respondent herein (hereafter called, second defendant) is statedly the person to whom first defendant and his brother, Baddam Ram Reddy, sold their respective shares in the suit house in February and April 1986. For this reason, the second defendant was added as proper and necessary party.

2. Plaintiff is related to first defendant. He is son-in-law of the elder sister of the first defendant. Admittedly, he has been staying in the western portion of the suit house very much prior to commencement of the dispute. Be that as it is, the plaintiff pleaded that he purchased the suit house under agreement of sale dated 20.04.1993 for sale consideratio
























































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