( 1 ) THE plaintiff in O. S. No. 320/80 on the file of Subordinate Judge, Ongole is the appellant. The appellant-plaintiff filed the aforesaid suit for the relief of specific performance for enforcement of agreement of sale, but the trial court had negatived the relief for specific performance of contract of agreement of sale but had decreed the suit so far as it relates to the advance amount of Rs. 20,000/- with interest at 12% per annum from the date of suit till the date of realization is concerned, and the plaintiff aggrieved by negativing the relief of specific performance had preferred the present Appeal.

( 2 ) THE parties are referred to as "plaintiff" and "defendant" for the purpose of convenience.

( 3 ) THE respective pleadings of the parties are as hereunder :

( 4 ) THE plaintiff pleaded in his plaint that he is a resident of Ongole and associated with business known as andhra Coffee, Ongole. That the defendants father and husband are natives of Ongole town, where they owned house properties. That the defendants husband is an executive Engineer, now working at Khammam. That the defendant entered into an agreement dated 15-3-1980 to sell to the plaintiff the plaint schedule house for a sum of Rs. 60,000/- and received from the plaintiff on the date of agreement a sum of Rs. 10,000/- as earnest money. That the agreement was executed and earnest money was paid at Khammam. That the material terms of the agreement are as follows : "that a further sum of Rs. 10,000/- was to be paid to the defendant on or before 14-4-1990, default in payment of the same would entail forfeiture of earnest money and cancellation of the agreement of sale. That if the second sum of Rs. 10,000/- was paid as stipulated, the balance of Rs. 40,000/- should be paid to the defendant on or before 14-6-1980 and sale deed obtained from her (defendant ). That since the house stood registered in the name of Md. Meera Mohiuddin, father-in-law of the defendant in the Municipal records, the defendant should get it mutated in her name and a receipt from the Municipal authority in evidence of such mention should be given to the plaintiff before registration of the sale deed. That on 12-4-1980, the plaintiff went to Khammam and paid to the defendant the second instalment of Rs. 10,000/- in terms of the agreement and obtained endorsement on the agreement under the signature of the defendant. That as the deadline for performance of contract was nearing the plaintiff went to Khammam on 7-6-1980 and requested the defendant to come down to Ongole, receive the balance of consideration Rs. 40,000/- and execute the sale deed after obtaining mutation in the Municipal records and put the plaintiff in vacant possession of the house. That in the presence of her husband, the defendant pleaded for extension of time on the ground that her state of health at that time did not permit her to undertake a journey to Ongole. That as desired by her, time was extended upto 14-7-1980. That an endorsement to that effect was made on the agreement affirming the payments of Rs. 10,000/- on 15-3-1980 and another Rs. 10,000/- on 12-4-1980. That the endorsement was signed by the defendant, attested by her husband and scribed by her second son Md. Ahmad Mohiuddin. That while so, on 2-7-1980, one Mohammad Usman sent a telegram from Ongole to Kota Narasimham, father of the plaintiff, which reads like this : Kota Narasimha, andhra Coffee, Trunk Road, Ongole "filing suit partition agreement Quamarunnisa Begum. Dont purchase suit property "md. Usman". The telegram caused, quite naturally, misgiving in the plaintiffs mind. That until the telegram was received, the plaintiff had no reason to entertain any doubt as to the warranty of title given by the defendant. That on 10-7-1980, the plaintiffs father Kota Narasimham went to Khammam to obtain clarification of the intriguing telegram and to request the defendant to come down to Ongole and execute the sale deed in terms of the agre