SHORT EPISODE:

The unsuccessful plaintiff in O.S.No.45 of 1989 on the file of the Subordinate Judge, Pithapuram preferred the present appeal. The defendant in the said suit is the respondent in the present appeal. Appellant as plaintiff instituted the said suit praying for the relief of specific performance of agreement of sale, dated 25-01-1987, and also the alternative relief of refund of Rs.40,700/- with interest and for other appropriate reliefs. The relief portion had been amended by an order, dated 03-11-1993, made in I.A.No.607 of 1993, whereunder, specifically, relief had been prayed for directing the defendant to accept the balance of sale consideration of Rs.9300/- and register the sale deed and to deliver possession and in the event of failure on the part of the defendant to comply with such direction, the plaintiff to get the same registered through due course of law and to recover possession.

2. The learned Subordinate Judge, Pithapuram in the light of the respective pleadings of the parties recorded the evidence of P.Ws.1 to 5, D.Ws.1 to 5, and marked Exs.A1 to A10 and also Exs.C1 to C10 and after recording reasons came to the conclusion that the appellan