L. NARASIMHA REDDY, J.

( 1 ) PLAINTIFF in O. S. No. 33 of 1995 on the file of the Senior Civil Judge, Narsapur, is the appellant herein. Aggrieved by the dismissal of the suit, through judgment dated 4-4-2001, he preferred this appeal. For the sake of convenience, the parties are referred to, as arrayed in the suit.

( 2 ) THE suit was filed for the relief of specific performance of an agreement of sale, dated 15-1-1985, marked as Ex. A-1. It was pleaded that the 1st defendant is the owner of undivided l/4th share of the suit schedule property a rice mill at Narsapur; his brother, the 2nd defendant is the owner of another l/4th share, where the 3rd defendant holds 1/2 share in it. The plaintiff pleaded that the wife of the 1st defendant died in a fire accident, resulting injuries to 1st defendant also, and that the latter incurred huge expenditure in defending himself in a criminal case and for his treatment. To meet the same, he is said to have offered to sell his undivided 1/4th share in favour of the plaintiff. It was stated that an agreement of sale was executed on 15-1-1985, proposing to sell the undivided 1/4th share of the 1st defendant, for a consideration of Rs. 3 lakhs, ma

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