( 1 ) THIS appeal is against the judgment and decree of the Court of the Principal Subordinate Judge, Vijayawada, dismissing the suit of the plaintiff for possession of the suit properties and also for future profits. 2. The plaintiff is the brother-in-law of the defendant who is his sisters husband. The defendant resided at Nagavarappadu Agrahararn in Gannavaram Taluk of Krishna District where the plaintiff had the suit lands. The defendant has 10 acres of wet land to the north of the suit lands and as the defendant had no facility and convenience for flow of water except through, the suit lands, he requested the plaintiff to sell the same to him. On 16-5-1947, a contract (Exhibit A-1) was entered into between the plaintiff and the defendant whereby the suit lands wore agreed to be sold by the former to the latter for Rs. 9,263-4-0 and the plaintiff received a sum of Rs. 1,000. 00 as advance at the time when Exhibit A-1 was executed. As per the terms of the contract, the entire amount of consideration had to be paid before 30-6-1947 and the defendant should obtain the deed of sale on the understanding that both the parties should bear the stamp expenses equally. The defendant made
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