- (1.) THIS second appeal is at the instance of an unsuccessful plaintiff - appellant and is directed against the judgment and decree dated March 7 of 2013 passed by the learned Additional District Judge, Andaman and Nicobar Islands, at Port Blair in Other Appeal No. 13 of 2012 thereby affirming the order of dismissal passed by the learned Trial Judge in Other Suit No. 5 of 2007.
(2.) A short fact involved in this matter is that an agreement for sale was held between the plaintiff and defendant No. 1 on one side and the land owner i.e. defendant No. 2 on the other side for sale of suit property. As per agreement, the total consideration money was settled at Rs.3 lakh payable by the plaintiff and the defendant No. 1 Rs.1.50 lakh each. The agreement stipulates that each of the vendors should be get 100 sq.mts of land. Now the plaintiff appellant has contended that he got the possession of his share but the defendant No. 1 respondent herein had encroached 50 sq.mtrs of land therefrom. So the suit was filed for recovery of possession and other reliefs.
(3.) HAVING heard the learned advocate for the appellant and on going through the materials on record, I find that both the Courts below have come to the concurrent findings that the vendor had received the consideration money in full and he had delivered possession of the 100 sq.mrs of land to each of the plaintiff and the defendant No.1. The vendor has deposed in the suit and he has clearly admitted that both the purchasers had paid a sum of Rs. 3.00 lakh as full consideration amount as agreed upon between the parties. Not only that the vendor has also deposed to the effect that he had delivered the vacant possession of the suit property to the purchasers after receiving the full consideration money.;