UMAMAHESWARAM, J. : -

The 2nd defendant is the appellant. The suit was filed by the 1st respondent herein for specific performance of an agreement of sale executed by the 1st defendant on his own behalf and also on behalf of his minor son, the 2nd defendant-appellant herein. The agreement was entered into on 22-8-1949 for a sum of Rs. 12,000/-The 1st defendant agreed to sell the house situated in Eluru, West Godavari District. He raised various defences resisting the plaintiffs suit.

He contended that the agreement of sale was not true. He further urged that under the contract of sale a sum of Rs. 12,000/- had to be paid in addition to the plaintiff discharging the mortgages due on the property. It was also stated that the plaintiff was not ready and willing to perform her part of the contract and that specific performance ought not to be decreed. His son, the 2nd defendant, represented by his mothers aunt pleaded that the contract of sale was not for legal necessity and that the contract should not be enforced.

He also alleged that there was a prior oral partition between him and his father and that his share could not be agreed to be sold by his father. The 3rd defendant t