( 1 ) UNSUCCESSFUL plaintiff is the appellant. Suit, O. S. No. 95 of 1985 was filed by the sole plaintiff on the file of the Subordinate Judge, Gudivada for specific performance of agreement of sale dated 5-1-1973 directing defendants 1 to 5 to execute registered sale deed and for possession of the suit schedule property.

( 2 ) FOR the sake of convenience, parties to this appeal would be referred to in accordance with their ranking in the suit.

( 3 ) THE averments in the plaint, in brief, are set out as hereunder :- Late Bobba Krishna Murthy was the undivided father of the 1st defendant. The 2nd defendant is the wife of Krishna Murthy and defendants 3 to 5 are their daughters. Krishna Murthy is the maternal uncle of the plaintiff. Krishna Murthy and his undivided father Ramachandrayya borrowed a sum of Rs. 4,390-00 from the plaintiff s wife and executed a pronote dated 16-8-1967 in her favour agreeing to repay the same with interest at 12% p. a. They made a part payment of Rs. 25-00 on 12-8-1970 and endorsed the same on the back of the pronote. Ramachandrayya died in or about the year 1971. Subsequently Krishna Murthy also died in or about the year 1972. The plaint schedule property was the absolute property of Krishna Murthy. He purchased the same from one Vegunta Venkata Subba Rao under a registered sale deed dated 26-6-1978 for Rs. 15,000-00 but Krishna Murthy executed a pronote for the said sale consideration of Rs. 15,000-00 in favour of the vendor V. V. Subba Rao on the same date. After Krishna Murthy purchased the plaint schedule property, he installed a motor pump set in the well and obtained electricity connection. He constructed a thatched shed for the motor pumpset. For non-payment of the electricity charges the service connection was disconnected. Krishna Murthy took away the motor pump set etc. , from the land. He was indebted to the Land Mortgage Bank, Gannavaram and also to Kollipara Venkata Seetharamayya. The Bank sold Ac. 7-00 of land of Krishna Murthy to satisfy its debt. Seetaramayya attached the schedule property subject to the first charge of V. V. Subba Rao and brought the same to sale in E. P. No. 77 of 1971 in O. S. No. 212 of 1979. When the plaintiff and his wife pressed Krishna Murthy for payment of the pronote debt, he as well as defendants 1 and 2 expressed that there is no possibility of their discharging the debt under the pronote and requested the plaintiff to purchase the schedule mentioned property in full satisfaction of the pronote debt as well as the first charge due to V. V. Subba Rao. They also requested the plaintiff to make a further payment of Rs. 5,000-00. In the first week of January, 1973 the plaintiff approached defendants 1 to 5 through mediators viz. , Kommana Surya Prakash Rao, Moturi Sivaramabrahmam, Surapaneni Kutumbaya, Katragadda Kutumba Rao and V. V. Krishna Rao. The 5th defendant was a minor by then. Defendants 1 to 4 represented to the plaintiff that they are not in a position to discharge the debt covered by the pronote and that as already suggested by late Krishna Murthy, they requested the plaintiff to purchase the plaint schedule land for Rs. 34,000-00 and that the plaintiff could discharge the debt of his wife, undertake responsibility to discharge the debt due to V. V. Subba Rao and pay Rs. 5,000-00 in cash to them out of the sale consideration and obtain reconnection of the electricity to the bore-well. The plaintiff accepted the said proposal of defendants 1 to 5. The reconnection charges were estimated at Rs. 2,000-00. It was agreed that defendants 1 to 5 should execute a registered sale deed in favour of the plaintiff for the suit schedule land as and when the plaintiff required them to do so. Defendants 1 to 5 represented that they would negotiate with Seetharamayya for settlement of the debt due to him. The terms were agreed upon orally and a concluded contract came into existence between the plaintiff and defendants 1 to 5 on 5-1-1973. On 15-