( 1 ) THE defendant in O. S. No. 1040 of 1980 is the appellant before this Court. Having been aggrieved by the judgment and decree passed by the Subordinate Judge at vijayawada in A. S. No. 150 of 1982, dated 21-8-1995, confirming the judgment and decree passed by the District Munsif, vijayawada, in O. S. No. 1040 of 1980, dated 6-10-1982, she filed the present Second appeal.

( 2 ) THE facts are not disputed. On 10-2-1976 the plaintiff in O. S. No. 1040 of 1980 i. e. , Khaja Abdul Moin Baig executed an agreement of sale in favour of the defendant to sell a house admeasuring 527. 7 square yards with a small stoned wall thatched shed, for a sale consideration of rs. 11,000/- and having received advance amount of Rs. 1,500/-, possession of the land was handed over to the defendant. As per the terms of the agreement of sale, the defendant has to pay Rs. 300/- on 20-1 -1979 and Rs. 5,200/- on 25-7-1979, Rs. 3,000/- on 1-1-1980 and the balance sale consideration at the time of registration of the sale deed. Admittedly, the defendant paid only rs. 300/- on 20-1-1979 and thereafter she committed default in payment of all other instalments. In those circumstances, the plai