( 1 ) THE plaintiff in O. S. No. 53 of 1968 on the file of the Court of the District Judge, East Godavari a suit for specific performance which was dismissed is the appellant herein.

( 2 ) UNDER an agreement dated 5-10-1966 the 1st respondent herein agreed to sell the appellant herein certain premises in which a High School and an Elementary School were being run for a sum of Rs. 48,000. On the date of the agreement an advance of Rs. 5,000 was paid. The agreement recited that the sale was being effected for the purpose of discharging the debts incurred by the 1st respondent. The purchase was asked to discharge a mortgage debt of Rs. 12,000 owing to one Merapala Rama Rao, and the purchaser should also discharge sundry debts owing to several creditors. After discharging those debts, the balance amount of sale consideration shall be paid to the vendor at the time of the registration of the sale deed. The site together with sheds and the High School known as Bharatiya Evangilical Mission High School together with the right of management thereof was delivered possession of to the purchaser on the date of the agreement. It was however, provided that the Elementary School s