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17. Later, possession of the property was also given to plaintiff under Ex.A.34 dt.19.09.1969, a letter executed by D.1. When the plaintiff prepared a layout and sent it to the Director of Town Planning, Hyderabad, it was not approved by the Director. The latter sent a revised layout approved by him to the Ananthapur Municipality in May, 1969. D.1 informed plaintiff on 05.06.1969 about the receipt of the revised layout and requested plaintiff to proceed with the layout of roads as per layout incurring expenditure and assuring that defendants would bear half the cost of the roads adjoining their property. But the revised layout was of extent Acs.18.00 and not Acs.15.00 originally agreed to be purchased by plaintiff from D.1 to D.4 under Ex.A.2. So on 27.01.1970, D.1 executed Ex.A.14, a mutchilka (i.e., an agreement) in favour of the plaintiff agreeing to sell further extent of Acs.3.70 cents in Sy.No.124.
18. According to plaintiff, he is liable to pay Rs.1,70,000/- to the defendants and he actually paid Rs.1,70,435.62/- in the manner set out in 'A' Schedule to the plaint, apart from incurring expenditure of Rs.6,963.30/- for forming and preparation of layout and Rs.1,24,275.50/- for laying out all the roads as per the revised layout approved by the Director of Town Planning. Out of the roads so laid, the plaintiff contends, in respect of four roads abutting the plots of the defendants, they have to bear half the expenses. Therefore, he is entitled to Rs.32,398.92/- from them.
61. For all the above reasons, I hold that Ex.A-2 was executed by D-1 and D-4 on behalf of D-2 and D-3 and that it is binding on D-4 also. Therefore, questions
(c) and (d) are answered against the respondents and in favour of the appellant. Question (e):
62. Ex.A.14 dt.27.01.1970 Mutchilka which is signed by D.1 deals with agreement to sell Acs.3.70 cents of land in Sy.No.124. According to the plaintiffs, after the execution of Ex.A.2, the plaintiff prepared a plan of the layout with the co-operation of the defendants and sent it for approval to the Director of Town Planning, Hyderabad, but the latter did not approve it and sent a revised layout plan approved by him to the Ananthapur Municipality in May, 1969; D.1 informed plaintiff on 05.06.1969 about the same; that the revised layout was of extent Acs.18.00 and not mere Acs.15.00 covered by Ex.A.2 and so D.1 on his own behalf and on behalf of the defendants agreed to sell the above extent in Sy.No.124 to the plaintiff; and the plaintiff had to pay @ Rs.10,000/- per acre for this land.