Judgment

GOSWAMI, J.:- This appeal is by certificate granted by the High Court of Andhra Pradesh against its judgment of February 20, 1969, in First Appeal No. 72 of 1964. The appeal arises out of a suit for specific performance of the contract of sale of land dated June 2, 1961. The plaintiff (first respondent herein) also prayed in the alternative for a decree for the return of earnest money and also for damages for breach of the contract. The trial Court dismissed the suit for specific performance but granted a decree for the return of the earnest money for damages. The High Court in appeal decreed the suit for specific performance attaching certain conditions to the decree.

2. Briefly the facts are as follows:-

An agreement of sale was entered into on June 2, 1961, between the plaintiff and the appellant (first defendant) in respect of the land in suit. The said agreement provided, inter alia, that the appellant should retain for himself one acre of land out of the total extent of 32 acres 29 guntas and sell the balance of about 31 acres to the plaintiff for a sum of Rs. 20,000/- .........It was also stipulated that out of the consideration money, the plaintiff should pay Rs. 4000