( 1 ) THIS is a defendant s appeal challenging the judgment and decree dated 4-3-1992 passed in O: S. No. 261 / 1988 on the file of Addl. Subordinate Judge, rangareddy District, at Saroornagar. The Court below decreed the suit filed by the respondent / plaintiff for specific performance of the contract.

( 2 ) FOR the sake of convenience, the parties herein are refe rred to as they are arrayed in the lower Court.

( 3 ) THE learned Counsel for the appellant-defendant strenuously contended that the impugned judgment and decree passed by the Court below are not nly contrary to law but also contrary to the evidence on record. On the other hand, the learned Counsel appearing for the respondent-plaintiff supported the decree and judgment of the lower Court.

( 4 ) IN order to appreciate the rival contentions in the appeal, it would be necessary to state the facts of the case.

( 5 ) THE respondent-plaintiff filed a suit for specific performance of the contract alleging that the appellant-defendant has executed an agreement of sale on 9-11-1986 agreeing to sell a plot bearing No. 222 in Survey No. 218 / 1 situated at Defence Housing Co-operative Society, Ramakrishnapuram, ma