C. V. N. SASTRI, J.

( 1 ) THESE two L. P. As. , one filed by the defendant and the other filed by the plaintiff respectively arise out of a suit filed for specific performance of an agreement of sale dated 15-12-1984 (Ex. A-1) executed by the defendant in favour of the plaintiff in respect of a total extent of Ac. 0-43 cents of vacant land in Nuzvid town. The execution of the agreement was not disputed by the defendant. The defendant, however, resisted the suit mainly on two grounds. Firstly, time was of the essence of the contract and inasmuch as the plaintiff failed to perform his part of the contract within the time stipulated in the agreement, he was not entitled to enforce the contract. Secondly, the plaintiff came to Court with unclean hands making false allegations and setting up a false claim for Plot No. 21 which was not covered by the suit agreement and as such he was disentitled for the equitable relief of specific performance.

( 2 ) THE trial Court decreed the suit in toto granting the relief of specific performance in respect of the entire extent of Ac. 0-43 cents as claimed by the plaintiff. But on appeal the learned Single Judge, however,modified the decree restricti

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