( 1 ) THIS appeal is from the judgment and decree of the Subordinate Judge, Eluru given on 23/03/1983. It arises in the following circumstances. The plaintiff, 1st respondent filed the suit for specific performance of an agreement of sale dated 22-4-1959 (Exhibit A-1) executed by the 1st defendant in his favour and for recovery of damages of Rs. 200. He claimed in the alternative a sum of Rs. 2700 as compensation. It was alleged that the 1st defendant, who is the owner of the suit land, agreed to sell the same for a sum of Rs. 2450 to the plaintiff and executed Exhibit A-1 after receiving an advance of Rs. 750. According to the terms of the agreement the balance had to be paid on or before 31-5-1959 and the sale deed was to be executed. It is alleged that the plaintiff was always ready and willing to perform his part of the contract, but the 2nd defendant sent a notice to the plaintiff on 22-5-1959 (Exhibit A-2) asserting that the 1st defendant sold the suit land to him under an oral agreement and warned the plaintiff that if he obtained any sale deed in his favour from the 1st defendant it would not be binding upon him. On enquiries, however, the plaintiff came to