N.JAYACHANDRAN Vs. E.SAMBASIVA REDDY

JUDGEMENT

(1.) Challenge in this appeal suit is to the judgment, dtd. 14/9/2016 in O.S.No.231 of 2014, on the file of the Judge, Family Court-cum-V Additional District Judge, Tirupati (Additional District Judge" for short), whereunder the learned Additional Judge dealing with the suit filed by the plaintiff to grant a decree for refund of a sum of Rs.16,20,700.00 and to grant damages of Rs.10,00,000.00, partly allowed the suit decreeing the same for a sum of Rs.2,14,000.00 with proportionate costs with interest at 6% per annum from the date of plaint till the date of realization and dismissed the rest of the claim. Felt aggrieved of the aforesaid judgment, the plaintiff filed the present appeal suit.

(2.) The parties to this appeal suit will hereinafter be referred to as described before the learned Additional District Judge for the sake of convenience.

(3.) The case of the plaintiff, in brief, according to the averments in the suit, is that the defendant represented that he is absolute owner of vacant site in Sy.No.467 of Avilala Village accounts with plot No.140. He made the plaintiff to believe that the title is very clear to the said property and offered to sell the same. One B. Jagannadham Naidu, N. Babu Naidu and K. Sambvaiah acted as mediators. The sale price was fixed as Rs.15,45,700.00. An agreement of sale was reduced into writing on 2/3/2012. The defendant received advance amount of Rs.4,10,000.00. The plaintiff agreed to pay the balance sale consideration on or before 1/4/2012. As per the terms of agreement, the plaintiff paid the balance consideration of Rs.11,35,700.00 on 29/3/2012 and the defendant executed a registered sale deed accordingly. Though the plaintiff demanded the defendant to give all the link documents at the time of registration of the sale deed, but the defendant deliberately managed with a promise to hand over the same in the later time. On 14/10/2012 the plaintiff went to the site to construct a compound wall by engaging large number of collies. Then one O. Venkatareddy came to the site and claimed that the site belongs to him and it is in Sy.No.478/2C and that the vendor of the plaintiff did not purchase the land in Sy.No.478/2C and he purchased the land in Sy.No.467 of Avilala village accounts.