This appeal has been preferred by the first defendant in O.S. No.95 of 1997 on the file of V Senior Civil Judge, City Civil Court, Hyderabad. The respondents are the plaintiff and defendants 2 and 3. The plaintiff filed the suit for specific performance of 'agreement of sale in respect of the suit schedule property requesting the Court to direct the first defendant to execute a registered sale deed after receipt of the balance of sale consideration and if he fails to do the same, the Court to execute the sale deed.

2. The averments of the plaint are briefly as follows:

The plaintiff is the tenant of the plaint schedule mulgi situated at Jambagh, Hyderabad. One late Smt. Yellamma is the owner of the suit property, and she inducted the plaintiff as a tenant by receiving a sum of Rs.6,OOO/- towards advance, through the lease agreement dated 26.3.1983. Subsequently, late Yellamma bequeathed her property to the first defendant, who is the only son of her and she died on 17.7.1987. The second defendant is the wife of first defendant and the third defendant is their son. On behalf of the third defendant, as No.1034 of 1989 was filed by the second defendant as next friend for partition and separate possession of his share in the property covered by Door No.05-01-261 and for rendition of accounts claiming that the property belongs to the joint family. The third defendant also filed LA. No.914 of 1989 seeking a direction to the plaintiff and other tenants for deposit of rents till the disposal of the suit. The first defendant is the absolute owner of the property by virtue of the Will Deed dated 21.2.1986 executed by his mother Yellamma. He offered to sell the plaint schedule property to the plaintiff. The plaintiff agreed to purchase the same for the sale consideration of Rs.l ,40,000/-. The first defendant executed an agreement of sale dated 22.3.1991 in favour of the plaintiff after receiving an advance amount of Rs.20,000/-. On 31.3.1991 he received further sum of Rs.2,000/- towards part of the sale consideration. Ever since the date of agreement, the plaintiff was willing to pay the balance of sale consideration and obtain a regular sale deed, but the first defendant was postponing the same on one pretext or the other and finally on 5.12.1993 the defendant agreed in the presence of PW.2 and one Satyanarayana Singh to execute a registered sale deed after disposal of the suit filed by third defendant for partition in O.S. No.1034 of 1989. Thereafter, the plaintiff learnt that the first defendant came to an understanding with the defendants 2 and 3 and in pursuance of that the second defendant allowed the partition suit dismissed for default and filed a petition for restoration to see that the second defendant shall not execute a registered sale deed. The plaintiff issued a notice to the first defendant on 27.8.1996 asking to receive the balance sale consideration and executed a registered sale deed in terms of the agreement. He got issued a reply notice on 2.9.1996 denying the execution of the agreement with a view to avoid the execution of the registered sale deed. Since the plaintiff has no other go, he filed the present suit for the reliefs as stated above.

3. The first defendant filed a written statement with the following averments in brief. The plaintiff was the tenant of the first defendant in respect of the mulgi covered by the suit schedule. Though his mother inducted the plaintiff as a tenant, there was no payment of any amount towards advance under any oral agreement in the year 1985. After the death of Yellamma, the first defendant became the absolute owner being the only legal heir of Yellamma. The plaintiff committed default in payment of rents. Therefore, an eviction petition covered by R.C. No.625 of 1996 was filed on the file of I Additional Rent Controller, Hyderabad and the same was pending enquiry. The first defendant never offered to sell the plaint schedule property to the plaintiff and he never execut