K. MADHAVA REDDY, J.

( 1 ) THE plaintiff is the appellant. His filed a suit for specific performance of an agreement of sale Ex, A-1 executed by the 1st defendant on behalf of himself and the 2nd defendant on 24-4-1960 agreeing to sell a house site in Kavali. He paid Rs. 50. 00 on the date of execution of the agreement and he avers that he paid a further sum of Rs. 1500. 00 on 14-10-1960 receiving which the defendants put him in possession of the suit site. He says that he has been ready and willing to perform his part of the contract and called upon the defendants by a notice dated 10-10-1961 (Ex. A-13) to execute a sale deed after receiving the balance of the purchase money. 2nd defendant however sole the suit site to 3rd defendant under Ex. B-9 dated 14-11-1963 and the 3rd defendant in turn sold the same to 4th defendant under Ex. B-6 dated 21-5-62 (sic) 4th defendant also alienated the site in favour of 5th defendant under Ex. B-7 dated 27-9-1963. The 5th defendant trespassed on the land on 11-11-1963. The plaintiff has therefore filed the suit for specific performance and recovery of possession of the suit site. While the second defendant remained ex parte, 1st defendant pleade

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