NEELAM SANJIVA REDDY, J.

( 1 ) THIS appeal is preferred by the second defendant in O. S. No. 562 of 1977 against the judgment and decree passed therein by the I Additional Judge, City civil Court, Hyderabad on 15-7-1982.

( 2 ) FACTS culminating in this appeal and necessary for its disposal briefly stated are that the defendants 1 and 2 are son and daughter respectively of Smt. Hari Pyari Bai, who was the absolute owner of the plaint schedule property. Hari Pyari Bai had agreed to sell the said property on 22-34975 to Chandulal for Rs. 40,000/- and received Rs. 20,000/- as advance consideration. Smt. Hari pyari Bai passed away pn 9-44977 before she could execute any sale deed in favour of Chandulal after receiving the balance of sale consideration. After her demise, Chandulal demanded the first defendant to refund the money paid by him under the agreement. As the first defendant had no money, he agreed to sell the suit house for Rs. 42,000/- to the plaintiff and also received Rs. 20,000/- as part of the consideration to pay Rs. 20,000/- to Chandulal and executed the agreement of sale in favour of the plaintiff, which is the basis for the present suit. The first defendant agreed to ob

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