Heard both sides.

2. Aggrieved by the judgment and decree, dated 15-04-2003, passed by the III Senior Civil Judge, City Civil Court, Secunderabad, decreeing the suit O.S.No. 8 of 1996, granting the relief of specific performance of agreement of sale, dated 25-05-1995 (Ex.A-1), and directing the defendant No.1 to execute and register a sale deed in respect of the suit schedule property, in favour of the plaintiff, after receiving the balance sale consideration of Rs.28,03,000/-, the defendants have filed the present appeal; while the application C.C.C.A.M.P.No. 648 of 2006, under Order 41 Rule-27 of the Code of Civil Procedure, seeking to receive the documents filed along with the application as additional evidence in the present appeal, has been filed by the defendant Nos. 2 to 4.

3. Appellants are the defendant Nos. 1 to 4 and respondent is the plaintiff in the suit, before the Court below.

4. For the sake of convenience, in this judgment, the parties will be referred to as per their array in the suit.

5. Initially, the suit has been filed against the sole defendant i.e., defendant No.1. Subsequently the defendant Nos.2 to 4 have come on record getting themselves impleaded on the ground that the defendant No.1 has executed an agreement of sale (Ex.B-5) in their favour on 24-08-1994 for a total sale consideration of Rs. 19,50,000/-; that on the date of said agreement of sale, a sum of Rs. 2,11,000/- had been paid to the defendant No.1 as advance towards sale consideration and that the other conditions will be dealt with later. Since there is no response despite the notice issued by the plaintiff seeking execution of registered sale deed, the present suit came to be filed by the plaintiff alleging that the defendant No.1 had executed an agreement of sale (Es.A-1) on 25-05-1995 with certain terms and conditions, which also will be dealt with later.

6. For better appreciation of the case, it is necessary to detail the relevant pleadings in the plaint, which are thus:

Originally plot No. 278, admeasuring 5794.47 square feet equivalent to 534.24 square metres of land, situate at West Maredpally, Secunderabad, belongs to the Government of Andhra Pradesh; that originally one Nagulapalli Durgaiah was the lessee who constructed a house in the year 1945; that subsequently the said Durgaiah had transferred the leasehold rights of the suit schedule property in favour of the defendant No.1 under a transfer agreement, dated 13-06-1980 and that pursuant to the said transfer, the defendant No.1 has been in exclusive and uninterrupted possession of the suit schedule property as a lessee to the Government of Andhra Pradesh.

7. It is the case of the plaintiff that the defendant No.1 has executed an agreement of sale in favour of the plaintiff on 25-05-1995 (Ex.A-1) wherein and whereby it was agreed that the suit schedule property together with the leasehold rights would be transferred in favour of the plaintiff for a total sale consideration of Rs. 32,03,000/-; that initially a sum of Rs. 4,00,000/- was paid as advance; that the balance sale consideration was agreed to be paid by the plaintiff at the time of execution of registered sale deed; that it was further agreed between the parties that if the defendant No.1 fails to get the tenant evicted from the suit schedule property within the stipulated period of three to six months from the date of said agreement of sale and execute a registered sale deed by completing all other formalities, the defendant No.1 shall pay interest at 24 per cent per annum on the advance amount paid by the plaintiff for the delayed period i.e., over and above six months; that in the month of October, 1995, though the tenant has vacated the suit schedule property, the defendant No.1 failed to execute a registered sale deed in favour of the plaintiff despite the readiness and willingness expressed by the plaintiff to perform his part of obligation; that at that point of time, the defendant No.1 was negotiating with the