RAYUDU APPA RAO Vs. RAYUDU CHANTIBABU

JUDGEMENT

(1.) Appellants are the defendants 1, 4, 6 and 7 in O.S.No.228 of 1992, on the file of the II Additional Senior Civil Judge, Kakinada. The suit was filed by the 1st respondent, against the appellants and respondents 2 and 3, for the relief of declaration that he is the owner of tractor and trailer bearing Nos.AAP-3494 and AAP-6380, respectively, (for short "the tractor"), and of recovery of possession of the same, from the appellants. Since it is endorsed that the respondents 2 and 3 are not necessary parties, the 1st respondent shall be referred to as the respondent.

(2.) In his suit, the respondent pleaded that he entered into an agreement of sale (Ex.A-1), with the father of the 1st appellant, by name Rayudu Ganganna on 12.5.1989, for purchase of the tractor, for a consideration of Rs.85,000/-, and on the same day, a sum of Rs.30,000/- was paid. It was alleged that the vendor was permitted to retain the possession of the tractor, as a lessee, for a period of two years, and adjust a sum of Rs.45,000/-, as charges for it, and that the possession of the tractor was to be delivered to the respondent, on expiry of two years, on payment of balance of Rs.10,000/-. He pleaded that on 28.5.1992, the balance of Rs.10,000/- was paid, and delivery of possession of the tractor, as well as the Registration Certificate Book was handed over to him, under a document executed on the same day, marked as Ex.A-2.

(3.) Respondent contended that after delivering possession of the tractor, Ganganna died on 24.6.1992, while undergoing treatment, and in that view of the matter, the transfer of the registration could not take place immediately. The 1st appellant is said to have stealthily removed the tractor from the custody of the respondent on 17.7.1992, and though a police complaint was given on the same day, the 1st appellant managed them, and thereby, the possession could not be recovered. The respondent has also claimed the relief of damages, at the rate of Rs.200/- per day, and a direction to the appellants, to sign the necessary papers for effecting transfer of the vehicle. The alternative prayer of refund of Rs.85,000/- was also made.