( 1 ) HEARD Sri R. Subba Rao, counsel representing the appellant and Sri O. Manohar Reddy, counsel representing the respondent.

( 2 ) PUSHPAGIRI Mutt, represented by its Manager, defendant in the suit, is the appellant in the Second Appeal. The respondent is the plaintiff. The parties are referred to as plaintiff and defendant as arrayed in the original suit for the purpose of convenience.

( 3 ) THE plaintiff instituted the suit O. S. No. 49/84 on the file of subordinate Judge, Penukonda, for the relief of specific performance of an agreement of sale dated 10-1-1983 by the defendant and to execute a registered sale deed in favour of the plaintiff in respect of plaint schedule property for Rs. 11,200/- and for costs and also for such other relief or reliefs as the Honourable Court may deem fit and necessary in the circumstances of the case in the interest of justice.

( 4 ) THE factual matrix as narrated in the respective pleadings of the parties can be specified as hereunder.

( 5 ) IT was pleaded in the plaint that the defendant advertised that the suit land would be sold in public auction to the highest bidder on 10-1-1983 at Krishnapuram village by its G. P. A. h