(Per the Hon'ble Sri Justice A. Gopal Reddy)

1. This is an appeal filed by the plaintiff against the judgment and decree passed by the Additional Judge, City Small Causes Court-cum-VI Senior Civil Judge, City Civil Court, Hyderabad in O.S.No.399 of 1996 dated 04.03.2003 whereby the suit filed by the plaintiff for specific performance of agreement of sale dated 11.08.1995 in respect of the suit schedule property was dismissed.

2. For the sake of convenience, the parties are referred to as arrayed in the Court below.

3. The plaintiff instituted the above suit seeking specific performance of agreement of sale dated 11.08.1995 executed by the defendant in his favour, agreeing to sell the premises to an extent of 200 sq.yds. bearing No.10-3- 16/4/3, Humayunnagar, Asifnagar, Golkonda main road, Hyderabad for a total sale consideration of Rs.10,50,000/-; out of which the plaintiff paid an amount of Rs.5,00,000/- on the said date i.e., 11.08.1995 and Rs.50,000/- on 12.08.1995 being the advance sale consideration. The defendant agreed to receive the balance sale consideration within 11/2 months from the date of the agreement/at the time of delivery of possession, and on delivery o