S. DASARADHARAMA REDDY, J.

( 1 ) ONE Thippanna filed suit O. S. No. 43 of 1968 on the file of the Additional subordinate Judge, Ananthapur, against the appellant, for specific performance of the agreement dated 8-4-1965 (Ex. A-4) for sale of agricultural lands measuring Ac. 20-60 cents for Rs. 20,500/ -. He paid Rs. 1,000/- towards advance. The suit was filed on 8-4-1968 with a Court Fee of RG. 24/- and the deficit Court Fee of Rs. 1,402/- was paid on 11-4-1968. Pending suit, theplaintiff died and the respondents herein were brought on record as his legal representatives. As per the terms of the agreement, after the balance of the consideration is paid, the defendant has to execute the registered sale deed. As the defendant was postponing the registration of the sale deed, the plaintiff issued legal notice on 24-8-1965 (Ex. A-1) informing that he was ready and willing to perform his part of the contract and was ready to take the sale deed paying the balance consideration. The defendant replied on 5-9-1965 (Ex. A-2) stating that his father during his life time sold away the property to the family of Kondappa, Obanna and Pullappa and that in any event he is not sole owner and that his

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