JUDGMENT :- This appeal is preferred by the plaintiff in O.S. No.627 of 1987 on the file of the learned District Munsif at Palakonda.

2. The suit was filed by the plaintiff for specific performance of an agreement of sale directing the defendant to execute a sale deed in respect of the plaint schedule property and to put the plaintiff in possession of the same or in the alternative to pay the advance amount of Rs.5,100/- with interest. The defendant resisted the suit and both parties adduced evidence in support of their respective contentions. The trial Court, after considering the evidence adduced by both parties, granted the decree in favour of the plaintiff directing the defendant to execute the sale deed in respect of the suit schedule property of 4 cents and put the plaintiff in possession of the same. Being aggrieved by the same, the defendant preferred A.S. No.15 of 1996 on the file of the Subordinate Judge, Rajam and the learned Subordinate Judge allowed the appeal by setting aside the decree and judgment of the lower Court to the extent of the relief of specific performance and decreed the suit for alternative relief of refund of Rs.4,901/-. Being aggrieved by the same, the

Click Here to Read the rest of this document