P SUDHAKAR REDDY Vs. M CHALAPATHI REDDI

JUDGEMENT

(1.) These appeals are directed against the judgment and decree dated 26.11.1997 passed in O.S.No.1103 of 1985 by the IV Additional Judge, City Civil Court, Hyderabad. The appellant in CCCA.No.29 of 1998 is the plaintiff and the appellant in CCCA.No.19 of 1998 is the defendant in the suit O.S.No.1103 of 1985. The parties herein are referred to as they were arrayed in the suit.

(2.) The plaintiff filed the suit for specific performance of oral agreement of sale directing the defendant: to execute a sale deed for 2050 sq. yards out of 8200 sq. yards forming part of S.No.219 situated at Saidabad Village within the limits of Hyderabad Municipal Corporation after obtaining necessary permission from the authorities under the Urban Land Ceiling Act or alternatively to direct the defendant to pay a sum of Rs.1,69,930/-- towards refund of the sale price and damages, together with future interest on the said sum @ 18% from the date of plaint till the date of realization. The trial Court decreed the suit declaring that the plaintiff is not entitled to specific performance of oral agreement of sale but is entitled to alternative relief of refund of the sale price of Rs.1,44,330/- together with future interest on the said amount @ 18% per annum from the date of the suit till the date of realization and no relief has been granted insofar as the claim of damages; is concerned. Aggrieved by the said judgment and decree dated 26.11.1997 in rejecting the relief of specific performance the plaintiff preferred an appeal in CCCA.No.29 of 1998 and the defendant preferred an appeal against the grant of refund of sale price in CCCA.No.19 of 1998.

(3.) It is the case of the plaintiff that the defendant is the owner of the suit schedule property and the Kartha of the Hindu Joint Family consisting of himself and his son P.V. Sainath; they inherited certain properties from their ancestors and developed the properties with the ancestral nucleus. The defendant and his son orally divided certain properties belonging to the erstwhile joint family and in the said partition the defendant inherited an undivided half share in S.No.219 situated at Saidabad village, within the limits of Municipal Corporation of Hyderabad and the Hand consists of an area of Ac.5-32 guntas. In the year 1975 the defendant and his son entered into an agreement with M/s. Hindustan, Cooperative Housing Society Limited, Chikkadpally, Hyderabad to sell Ac.4-00 in S.No.219 and received advance from the society and on resurvey of balance land of Ac.1-32 guntas, it was found to be only 8200 sq. yards. It was represented to the pllaintiff that the defendant was allotted an undivided half share in the said land. From out of the said land the defendant agreed to sell him an extent of 2050 sq. yards at the rate of Rs.75/- per sq, yard and the total sale consideration to be paid was Rs.1,53,750/-.