( 1 ) THE appellant, assailing the judgment and decree dated 14-11-1994 passed by the subordinate Judge, Bodhan, Nizamabad district, dismissing the suit O. S. No. 35 of 1985, filed by him for specific performance of agreement of sale dated 5-5-1983, filed the present appeal.

( 2 ) THE appellant is the plaintiff and the respondents are the defendants. For the sake of expediency, the parties are referred to as arrayed in the suit.

( 3 ) THE brief case of the plaintiff, as pleaded by him in the plaint and the amended plaint is that plaintiff claims that defendant No. 1 agreed to sell him an extent of Ac. 10-34 guntas in Sy. No. 47 and Ac. 11-00 in sy. No. 135 of Kandharpalli village of madnoor Taluk, for a sale consideration of rs. 48,000/-, and accordingly defendant No. 1 executed an agreement of sale dated 5-5-1983 in his favour, and pursuant thereto, he having paid an amount of Rs. 12,005/-, claims that defendant No. 1 had also put him in possession of the said lands. Thereafter, he claims to have paid an amount of rs. 10,201/- on 19-5-1983 and Rs. 4,450/- on 2-8-1984 towards sale consideration, and in acknowledgement of which, defendant No. 1 also passed on receipts. The plaintiff

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