( 1 ) THIS Appeal is preferred by the unsuccessful defendants in o. S. No. 28/87 on the file of II Additional Subordinate Judge, Kakinada. The respondent herein, the plaintiff in the suit filed the suit for specific performance of the agreemenalternative relief of refund of an amount of Rs. 2500/- and for costs. The learned Judge on the strength of the respective pleadings of the parties having settled the Issues, recorded the evidence of PW-1 and PW-2, DW-1 to DW-3, marked Exs. A-1 to A-7 and Exs. B-1 to B-9 and recorded findings that the condition relating to the approval of plan or the approval of layout had not been complied with by the appellants/defendants and hence there was some delay and the respondent/plaintiff was ready and willing to perform her part of the contract and further findings had been recorded relating to the condition of cancellation of agreement and the capacity of the respondent/plaintiff to purchase the property and a further finding had been recorded that the recital relating to delivery of possession is neither an addition nor interpolation and the alienation is for legal necessity and hence the minors also are bound by the same and a further finding ha

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