( 1 ) ONE Ibrahim Sheriff, the petitioner and the appellant before me> and his brother Mastan Sheriff jointly purchased a house on 11th July, 1940. But they found that they could not conveniently enjoy the house jointly. So they entered into an agreement in counter-part on 26th October, 1952, under which ibrahim Sheriff was to purchase the half share of Mastan Sheriff on payment of a particular amount within a specified time. In default option was given to Mastan sheriff to pay the amount to Ibrahim Sheriff and get a sale deed with respect to the latter s half share in the house. It appears that Ibrahim Sheriff did not pay the amount in time. Therefore, Mastan Sheriff filed O. S. No. 79 of 1953 in the District munsif s Court, Guntur for specific performance of the agreement of sale by direct- ing Ibrahim Sheriff to execute the sale deed with respect to his half share in the house on Mastan Sheriff paying the purchase price. That suit was dismissed by the District Munsif s Court, Guntur. But Masthan Shariff filed an appeal,. A. S. No. 179 of 1953 in the Court of the Subordinate Judge, Guntur. It was allowed and a decree was passed by that Court in the following terms;" (1) that the

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