JUDGMENT :

B.R. GAVAI, J.

1. This appeal challenges the judgment dated 17th October 2008 passed by the learned Division Bench of the High Court of Judicature, Andhra Pradesh at Hyderabad in Letters Patent Appeal No. 26 of 1999, thereby partly allowing the appeal filed by the present appellants.

2. Facts in brief giving rise to the present appeal are as under:

The defendant is the owner of the suit property. The defendant executed an agreement of sale in favour of the plaintiff for sale of the suit property. The total consideration was fixed at Rs. 45,315/-. The plaintiff paid an amount of Rs. 15,000/- by way of Demand Draft dated 7th July 1978 as advance payment. The defendant addressed a letter to the plaintiff on 13th October 1978 stating therein that, she was ready to execute the sale deed and that she was coming to Hyderabad the week thereafter for the said purpose. The said communication was responded to by the plaintiff on 20th October 1978, requesting to confirm whether the necessary permission from the Competent Authority (hereinafter referred to as the “ULC Authorities”) under the Urban Land (Ceiling and Regulation) Act, 1976 (for short “ULC Act”) to sell the suit property ha