The defendants in O.S.No.243 of 1998 on the file of the Court of IV Additional Senior Civil Judge, Visakhapatnam, are the appellants herein. The suit was filed for specific performance of contract of sale alleging that that the defendants have agreed to sell the property to an extent of 250 square yards at the rate of Rs.2,000/-per square yard with old house and an agreement was entered on 18.06.1997. The defendants have received a sum of Rs.50,000/-and the Urban Land Ceiling (ULC) certificate and other certificates have to be obtained by the end of August 1997 and regular sale deed is to be executed by the end of October 1997. According to the terms of the sale agreement, a sum of Rs.50,000/-was paid on 27.08.1997. The defendants have failed to take necessary permissions and there was also a deficiency in the measurements and the defendants have not cooperated and actual measurements of the extent of property came to only 224 square yards. As such the plaintiffs filed the suit for specific performance of contract after giving notice.

The defendants contended that the extent of the property is more than 250 square yards and as per the agreement, the property was surveyed i