(1.) Introduction : The two appeals arise out of the common judgment and decree dated 19.11.1993, in O.S. No.209 of 1983 on the file of the Court of Principal Subordinate Judge, Ranga Reddy District, at Saroornagar. These appeals were heard together and are being disposed of by this common judgment.
(2.) Smt. Uma Rastogi (hereafter called, the appellant) filed the suit being O.S.No.209 of 1983 for specific performance of agreement of sale of immovable property entered into on 2.3.1971 with Defendants 1 to 4 (hereafter called, the respondents). The Trial Court held in her favour on the question of validity of oral agreement of sale. It, however, granted alternative relief of compensation as prayed by the appellant. Aggrieved by the judgment and decree in holding that the appellant proved the agreement and also awarding compensation to her, Defendants 1, 3, 4, 6 and 8 filed A.S. No.209 of 1994. Aggrieved by judgment and decree in awarding only compensation and denying decree for specific performance of agreement, plaintiff filed A.S. No.353 of 1994. The suit schedule land consists of agricultural land admeasuring Acs. 10.35 guntas in S.No.19 of Khajaguda Village, Rajendranagar Mandal, Ranga Reddy District which de facto is part of Hyderabad. For the sake of convenience, parties are referred to by their status in A.S.No.353 of 1994. II. Pleadings of the parties in brief (i) The case of the appellant
(3.) The appellant in her plaint pleaded that her husband Sushilchandra Rastogi entered into oral agreement of sale of suit schedule property with Defendants 1 to 3 on 2.3.1971 for a total consideration of Rs.10,000/-. The appellant also paid a sum of Rs.3,000/- whereafter she was put in possession of the suit schedule land. The balance of Rs. 7,000/- paid by the appellant to respondents in the year 1972. It was agreed between the parties that the vendors would execute sale deeds in favour of Mr.Rastogi or his nominee after obtaining requisite permission from revenue authorities and authorities under the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act). The suit schedule land is adjacent to lands owned by plaintiff where the appellant has been carrying on agricultural operations by raising rain-fed crops. The appellant dug three borewells in the suit land without any result and therefore, she dug a open well up to 60 feet depth in 1972 and constructed a pumphouse and servant quarters. Besides this, she dug 700 pits of 4' x 4' in an area of Acs.4.00 for raising grape plantation duly providing water channels from the well and raised fencing with stone pillars and barbed wire. The appellant also provided pipelines to take water from the well in the suit land to the adjacent land owned by the appellant where she was growing vegetables from 1973 onwards. Electrical connection was also obtained for motor pump set. The appellant spent an amount of Rs.20,000/- for said development of land.
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