JUDGMENT: -

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellant/plaintiff challenging the Decree and Judgment, dated 29.08.1997, in O.S. No.51 of 1995 passed by the learned III Additional District Judge, Visakhapatnam [for short ‘the trial Court’]. The Respondent herein is the defendant in the said Suit.

2. The appellant/plaintiff filed the Suit in O.S.No.51 of 1995 for declaration that the demand of the defendant for payment of Rs.5,33,275.37 paisa is highly excessive and illegal and for consequential relief of permanant injunction restraining the defendant and its men from collecting any excess rate over and above the price already paid by the plaintiff to the Visakhapatnam Town Planning Trust under the sale deed dated 02.07.1973 and for costs.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.51 of 1995, are as under:

The plaintiff society was formed for the purpose of providing house sites to its members at Visakhapatnam and it is a registered society. At its instance, the Town Planning Trust agreed to allot 66 house sites meas