P. VENKATARAMA REDDY, J.

( 1 ) THE second appeal arises out of the suit for specific performance of an agreement of sale dated 3-6-1973 in respect of vacant land. The suit was decreed and in appeal, the judgment was confirmed. The second appeal is filed by the defendant. Ex. A-2 is the sale agreement.

( 2 ) THE case of the plaintiff is that on the date of execution of the sale deed itself, the defendant received a total consideration of Rs. 10,000/-in cash and the possession of the plaint schedule property was delivered. The defendant agreed to execute the sale deed as and when demanded by the plaintiff. As the plaintiff was in possession and enjoyment, the plaintiff did not press the defendant to execute the sale deed for considerable time. However, one year prior to the suit, the plaintiff requested the defendant to execute the sale deed. On 30-5-1979, the plaintiff purchased the stamp paper worth Rs. 1,000/- and got the sale deed typed. When the plaintiff approached the defendant on the night of 30-5-1979, the defendant promised to come to the plaintiff s place on 1-6-1979 and sign and register the sale deed, but the defendant did not turn up. The plaintiff sent his son on 2-6-19

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