G. BIKSHAPATHY, J.

( 1 ) THE L. P. A. is directed against the judgment and decree of the learned single Judge in A. S. No. 2061 of 1989 reversing the judgment and decree of the learned Subordinate Judge, amalapuram in O. S. No. 50 of 1983, dated 13-9-1989.

( 2 ) PLAINTIFF is the Appellant. He filed a suit in O. S. No. 50 of 1983 for specific performance of agreement of sale dated 18-1- 1983 or in the alternative for recovery of the amount paid as advance and for damages.

( 3 ) THE averments in the plaint are as follows :defendants No. 1 to 5 agreed the sell the plaint schedule house to the plaintiff for a consideration of Rs. 46,000. 00. Accordingly, an agreement of sale dated : 18-1-1983 Ex. A-1 was executed by defendants Nos. 1 to 5 and a sum of Rs. 1,000. 00 was paid and the balance sum of Rs. 45,000. 00 was agreed to be paid within six months and the registered sale deed was to be executed in favour of the plaintiff. Even though the plaintiff was ready and willing to perform his part of obligation, defendants No. 1 to 5 failed to register the Sale Deed and deliver the plaint schedule property. Therefore, plaintiff got issued a notice Ex. A-2. In the meanwhile, plaintiff came to

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