B. SESHASAYANA REDDY, J.

( 1 ) AGGRIEVED by the judgment and decree dated 22-4-1988 in O. S. No. 28 of 1987 on the file of Subordinate Judge, Pithapuram, defendant-1 (Ruttala Simhachalam) has filed this appeal.

( 2 ) RESPONDENTS 1 and 2 (Chundru bhimeswara Jagannadham and Sabbella savitri) are plaintiffs in O. S. No. 28/87 on the file of Subordinate Judge, Pithapuram. The appellant herein and Respondent-3 (Somireddi Ramulu) are Defendant-1 and defendant-2 in the said suit. The parties hereinafter be referred to as they are arrayed in the suit.

( 3 ) THE plaintiffs filed the suit for specific performance of an agreement of sale dated 10-11-1979 executed by defendant-1 in favour of 1st plaintiff in respect of Ac. 1-62 cents in Sy. No. 281/3 situated in Pithapuram Village, East Godavari district or alternatively a decree for refund of money with interest at 12 per cent from the date of suit till the date of payment against Defendant-1 and against the plaint schedule property in the hands of defendant-2 and to pass such other relief as the Court deems it fit in the circumstances of the case. It is the case of the plaintiffs that Defendant-1 is the owner of the land bearing S. No. 281/3

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