JUDGMENT

Dr. B.S. Chauhan, J.:-

This appeal has been preferred against the impugned judgment and order dated 19.7.2002 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Appeal No. 676 of 1993, which had set aside the judgment of the trial court, wherein the suit filed by the respondent for specific performance has been dismissed vide judgment and decree dated 9.11.1992 in O.S. No. 117 of 1983.

2. The facts and circumstances giving rise to this appeal are: A. That the respondent/plaintiff filed two suits O.S. No. 117 of 1983 and O.S. No. 257 of 1984, seeking specific performance on the basis of agreement to sell entered into with the appellant. As per the averments made by the respondent/plaintiff, late Garre Venkata Ramakotaiah, father of the defendant Garre Mallikharjuna, had leased out the plaint scheduled properties on 29.4.1980, by way of lease deed dated 20.4.1980. The respondent/plaintiff on the basis of the lease deed, had claimed to be in continuous possession and enjoyment of the said properties. The defendant having filed the written statement, died pendentelite, thus his wife, son and daughter had been substituted as his legal representatives. They