( 1 ) THIS appeal is preferred by defendants 2 and 3 as against the decree and judgment made in O. S. No. 46 of 1985 on the file of the principal Subordinate Judge, Visakhapatnam.

( 2 ) THE plaintiff if the 1st respondent in the appeal and inasmuch as the plaintiff died, his legal representatives-respondents 3 to 5 were brought on record. The 2nd respondent in the appeal is the 1st defendant in the suit.

( 3 ) THE deceased plaintiff instituted the said suit O. S. No. 46 of 1985, referred to supra, praying for the relief of specific performance of the agreement of sale in relation to the plaint schedule property dated 20-5-1984 executed by the 1st defendant in his favour and in alternative further prayed for the refund of the advance amount of Rs. 90,000/- and also for damages and also for certain other ancillary reliefs.

( 4 ) ON the strength of the respective pleadings of the parties and having settled the issues, the learned Principal Subordinate judge, Visakhapatnam, recorded the evidence of P. W. 1, the plaintiff, D. W. 1, the husband of 1st defendant, D. W. 2, the 2nd defendant, and yet another witness D. W. 3, marked Exs. A-1 to A-17 and Exs. Ex. B-1 to b-17 and came to th

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