( 1 ) THE petitioner herein is the plaintiff and the respondent herein is the defendant. The suit is filed for specific performance.

( 2 ) FOR the sake of convenience, the parties will be referred to as arrayed in the suit.

( 3 ) THE plaintiff filed O. S. No. 35 of 1999 on the file of the District Judge, nellore, for specific performance of the agreement of sale, dated 11-2-1999, executed by the defendant, who is no other than the brother of the plaintiff, in favour of the plaintiff and also to restrain the defendant from interfering with his peaceful possession and enjoyment of the suit schedule property.

( 4 ) THE suit was filed in November 1999. The defendant filed his Written statement and in Para-19 of the Written Statement it is stated that the agreement of sale dated 11-2-1999 is not admissible in evidence for want of proper stamp.

( 5 ) THE Court below framed the issues on 19-1-2000 wherein the relevant issues are issue Nos. 1 and 3. Issue No. 1 is, "whether the alleged agreement of sale dated 11-2-1999 is true, valid and binding on the defendant" and issue No. 3 is,"whether the plaintiff is entitled for specific performance of the agreement of sale dated 11