The first defendant in O.S.No.1 of 1990 on the file of the Court of III Additional District Judge, Kakinada is the appellant herein. The suit was filed for specific performance of the contract of sale dated 30-04-1981 executed by the first defendant free of the mortgage said to have been created by the first defendant in favour of the second defendant.

The allegations in the plaint goes to show that the schedule property, which is an extent of Ac.5.85 cents of land, belongs to the first defendant and she agreed to sell the property for a consideration of Rs.78,000/- on 30-04-1981 and received a sum of Rs.40,000/- and the possession was delivered. The time for payment of the balance amount of Rs.38,000/- was fixed as one month i.e., before the end of May 1981. The first defendant undertook to discharge the debts owed by her to the L.M.B and thereafter undertook to give the title deeds relevant to the schedule property and the possession of the property was delivered in part performance of the contract. Subsequently, on 27-10-1981 the plaintiff paid to the husband of the first defendant a sum of Rs.33,860/- towards balance of sale consideration and he endorsed on the back of