( 1 ) THE unsuccessful plaintiff in O. S. 189/98 on the file of the learned II Additional District judge, R. R. District, filed this appeal against the decree and judgment dated 28-2-2003 dismissing the suit filed for specific performance of an oral agreement of sale.

( 2 ) THE parties are described as arrayed in the suit for felicity expression.

( 3 ) IT is the case of the plaintiff that the defendant had entered into an oral agreement of sale with him for sale of Ac. 0. 12 guntas of site viz. , 1452 sq. yards in Sy. No. 17/aa situated at Soug-Bowli village, Rajendernagar mandal, R. R. District on 26-4-1997 for a consideration of Rs. 11,00,000/-, approximately at the rate of Rs. 757-50 ps per sq. yard. He paid Rs. 1,100/- as token advance amount for which the defendant gave receipt under ex. A-1. Again on 30-4-1997 he paid rs. 10,000/- to the defendant under Ex. A-2 receipt. The defendant agreed that on receiving balance of sale consideration before Sub Registrar at the time of registration, he would execute a registered sale deed. In the month of May, 1997 when they went to the suit land forpurpose of measuring the land, the defendant informed thatthere was a bound