VISWANATHA SASTRY
Thalari Nookayya – Appellant
Versus
Konathala Jaggarao – Respondent
JUDGMENT :
1. The plaintiffs are the appellants against the decree of the Court of the Subordinate Judge of Visakhapatnam in O.S. No. 19 of 1947 in so far as the decree was adverse to them. The facts relating to the appeal may briefly be stated as follows: The plaintiffs are purchasers of ryoti lands from defendants 1 and 2 under a sale deed, Ex. A-2 dated 22-6-1946 which was preceded by an agreement for sale Ex. A-1 dated 13-6-1946. The plaintiffs' case was that they contracted to buy and bought an extent of Acs. 8 of land for a price of Rs. 9000/-. This extent of Ac. 8 was a portion of a Khandam or block of about Ac. 21 of agricultural land belonging to defendants 1 and 2. The vendors put the plaintiffs in possession of three contiguous plots marked A, B and C in the Commissioner's plan and the total extent of these three plots was found, on subsequent measurement, to be only Acs. 6-63 cents. After the sale, the plaintiffs required the vendors to deliver Acs. 1-37 cents of land from plot D which belonged to the latter and which was contiguous to plot C so as to make up Acs. 8 sold under Ex. A-2. The vendors not only refused to comply with the plaintiff's demand, but also trespass
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