(ADDEPALLI) KONDAYYA Vs. YANDRU VEERANNA

JUDGEMENT

(1.) Appeal from the decree of the Subordinate Judge of Cocanada in A.S. No. 45 of 1921.

(2.) The plaintiff and defendant entered into an oral agreement whereby the defendant, was permitted to rest the beams of a structure upon plaintiff s wall, and to open certain cupboards in the said wall, in exchange for land which plaintiff added to his property. Plaintiff alleges that the full amount of land has not been made over to him, and sues to have the cupboards and beams removed. The lower Appellate Court has found that less land than what is alleged by plaintiff was agreed to be exchanged, and that defendant has fulfilled his part of the agreement. Accordingly it has dismissed plaintiff s suit and plaintiff appeals.

(3.) Two points have been argued.