GOPAL RAO EKBOTE, C. J.

( 1 ) THIS appeal is from the judgment of our learned brother M. Krishna Rao, J. given in Appeal Nos. 368 and 443 of 1968 and Memorandum of Cross Objections and 26-3-1971.

( 2 ) THE plaintiff-appellant instituted O. S. No. 71 of 1961 for specific performance of an agreement to sell executed on 7-4-1961. The averments were that originally S. No. 16/1 situate in East Naidupalem belonged to the deity kodandaramaswami, whose temple is at Ongole. There was litigation between the trustees of the temple and the Ist defendant who was claiming occupancy rights. The litigation, however, ended in negating the claim set up by the Ist defendant. The Ist defendant, however, continued in possession. The trustees of the Temple and the Ist defendant on approval of the Government entered into a sale deed executed by the trustees in favour of the Ist defendant on 7-4-1961.

( 3 ) THE Ist defendant borrowed Rs. 2,000. 00 from the planitff in order to meet his requirements regarding payment of consideration to the trustees. The amount later on was paid to the plaintiff.

( 4 ) THE Ist defendant entered into a contract for sale which the plaintiff on 7-4-1961 agreeing to sell 10 ku

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