B SUGUMAR Vs. SRI KRISHNA TEA ESTATE

JUDGEMENT

(1.) This Appeal is directed against the judgment and decree in O.S.No.15 of 2004 on the file of District Court, Udhagamandalam decreeing the suit filed by the Respondent for recovery of Rs.12,12,596/- being the proportionate consideration paid by the Plaintiff/Respondent for the deficit extent of 7.10 acres and also interest thereon at the rate of 12% per annum. Unsuccessful Defendants are the Appellants.

(2.) Case of the Plaintiff is that as joint owners of the properties situated in Kotagiri in various survey numbers to an extent of 21.19 acres - 'A' Schedule property, the defendants have conveyed the properties to the Plaintiff under Ex.A.1 - sale deed dated 20.1.1997. Further case of Plaintiff is that while handing over possession of the property, Defendants have handed over only 'B' Schedule property i.e., 14.09 acres and have not handed over 7.10 acres of land i.e., 7.10 acres of land situated in S.Nos.65/4 to 65/8 of Voilatti village, Kotagiri Taluk was not handed over to the Plaintiff. Plaintiff, who has taken possession of 'B' schedule property effected mutation of their names in the revenue records to an extent of 14.09 acres. Further case of Plaintiff is that inspite of efforts to take possession of remaining 7.10 acres, the Plaintiff could not take possession of the same. Plaintiff has come to know that the Defendants have right to convey the properties only to an extent of 14.09 acres and that they have no title or possession to the above said 7.10 acres of land. According to the Plaintiff, under Ex.A.1 - sale deed they have paid total sale consideration of Rs.23,50,000/- for the entire extent of 21.19 acres. The proportionate consideration paid by the Plaintiff for 7.10 acres was Rs.7,87,400/-. Since the Defendants have not taken any steps to deliver possession of 7.10 acres of land, alleging that the Defendants are liable to pay the excess amount collected by them for the deficit extent of 7.10 acres amounting to Rs.7,87,400/-, Plaintiffs have filed the suit for recovery of Rs.12,12,596/- with subsequent interest at the rate of 12%per annum.

(3.) Admitting ownership of the entire extent of 21.19 acres and also admitting execution of Ex.A1 sale deed, Defendants have filed written statement contending that during negotiation Plaintiff has made proper enquiries and scrutinised the relevant documents and was fully satisfied about the title and possession of the Defendants. Defendants have further averred that possession of the entire extent was handed over to the Plaintiff on the date of sale and absolutely there was no complaint by the Plaintiff about any disturbance to the possession of the said extent of 21.19 acres. The defendants have denied non-handing over of possession of 7.10 acres and also denied allegations that extent of 7.10 acres is possessed by the third parties stating that the defendants have handed over entire extent of 21.19 acres, Defendants prayed for dismissal of the suit.