P PRABHAKARA RAO Vs. P KRISHNA

JUDGEMENT

(1.) These second appeals are in between the same parties and in respect of the same property. They arise out of two suits, which were clubbed and disposed of together.

(2.) The appellant is the owner of Plot No.38, Municipal No. 10-3-32/9/35, East- Marredpally, Secunderabad; admeasuring 388.8 Sq.yards. He is the original allottee of the said plot by a Co-operative Housing Society, and purchased the same through the sale deed, dated 26-10-1977. The appellant was an employee of Geological Survey of India (GSI), and he mortgaged the plot on 28-4-1984 to the President of India, to obtain loan for construction of house. The respondent is related to the appellant. According to the appellant, a portion of the house was given, on rent, to the respondent, and the rent was paid regularly, till January 1996, and thereafter, the latter committed default. Appellant got issued a notice, dated 10-3-1997, requiring the respondent to vacate the premises.

(3.) A reply dated 23-3-1997 was got issued by the respondent, disputing the very ownership of the appellant, over the plot. He stated that, when he was attempting to purchase the house, the appellant volunteered to sell half portion of his property for a consideration of Rs.95,000/-. He stated that a sum of Rs.45,000/- in three parts, viz., Rs. 10,000/-; Rs.28,000/-; and Rs.7,000/-, was paid during 1985, and that the rest of the amount was paid in monthly installments of Rs. 1,000/-, in all Rs.95,000/-. It was also his case that he spent a sum of Rs.50,000/-, for repairs of the premises. Through the reply he demanded the appellant to execute a sale deed, for the property.