PUVVADA CHIRANJEEVA RAO Vs. BUSI KOTESWARA RAO

JUDGEMENT

(1.) These two second appeals are filed by the same person and are between the same parties and are interrelated. Hence, they are disposed of through a common judgment.

(2.) The Appellant is the owner of land in Survey No. 173/2 Ongole Rural. He entered into an agreement of sale with the Respondent on 22.09.1989 in respect of 9 Gadies and 51 Square Feet (roughly about 80 Square Yards) of site in Ongole Town of Prakasam District. According to the terms of the agreement, the consideration was agreed to be paid at Rs. 1,500/-per Gadi and a sum of Rs. 500/-was paid as advance by the Respondent. The balance of consideration was agreed to be paid within two months from the date of agreement and the Respondent was under obligation to get the land measured. The land covered by the agreement abuts a piece of land that was assigned to the Respondent by the Government.

(3.) In addition to the advance of Rs. 500/-, the Respondent paid a sum of Rs. 5000/-on 05.01.1990 and four years thereafter, a further sum of Rs. 1,500/-. The Appellant got issued a notice, dated 01.03.2000, alleging that the Respondent trespassed into his plot in 1995, without paying the balance of consideration, constructed a house thereon and did not vacate the same in spite of repeated requests. He demanded the Respondent to vacate the premises, deliver possession of the vacant site and pay damages for illegal occupation of site at the rate of Rs. 700/-per month. The Respondent got issued a reply, stating that the house was constructed with the oral permission of the Appellant and that the balance of sale consideration was not paid on account of the failure on the part of the Appellant to get the site measured.