ALLADI KUPPUSWAMI, J.

( 1 ) THE plaintiff in O. S. No. 23 of 1961. Sub-court. Nizamabad, is the appellant. He filed the suit for specific performance of an agreement dated 27-8-1950 to sell certain land, executed by the defendant in favour of the plaintiff. The plaintiff also prayed for delivery of possession of the said lands. The case of the petitioner as set out in the plaint was as follows: The plaintiff, the defendant and one Ekramuddin Ali Khan owned separate patta lands in certain villages in Bodhan August. 1944 all the three persons entered into an agreement which was duly registered. Thereby, they agreed to establish a joint farm by name. "the Graduates Farm" and to transfer their respective patta lands in the name of that farm and conduct their business with mutual consultation. Ekramuddin Ali Khan would have a share of eight annas in the rupees, while the plaintiff and the defendant would each have a share of four annas in the rupee. Subsequently, Ekramuddin Ali Khan sold his eight annas share to the remaining two persons , namely the plaintiff and the defendant through a sale-deed dated 28-4-1945 and thereafter the plaintiff and the defendant became the owners of all th

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