( 1 ) THE unsuccessful second defendant has preferred this appeal against the judgment and decree dated 2-7-1991 passed by the learned Subordinate Judge, Anakapalli in o. S. No. 259 of 1984. The first respondent herein is the plaintiff and respondents 2 and 3 are the defendants 1 and 3 respectively in the suit. It is expedient to refer the parties as they are originally arrayed in the suit to avoid confusion.

( 2 ) THE plaintiff filed the suit for specific performance of the agreement of sale dated 19-2-1984 by directing the defendants 1 and 2 to execute the sale deed in favour of the plaintiff after taking the balance of sale consideration of Rs. 90,000. 00 and for delivery of possession of the suit schedule property and in the alternative for refund of an amount of Rs. 10,000. 00 paid as advance by the plaintiff with interest.

( 3 ) THE case of the plaintiff was that the 1st defendant being the owner of the terraced house and the appurtenant site (Suit house), offered it for sale representing that he got absolute title over the same and none-else and the plaintiff agreed to purchase the same after having made due enquiries and the bargain was settled at Rs. 1,00,0