L. Narasimha Reddy, J.

1. The defendant in O.S.No.528 of 2006 on the file of the III Additional Chief Judge, City Civil Court, Hyderabad filed this appeal feeling aggrieved by the decree dated 02-02-2010 passed therein.

2. The appellant is the owner of the premises bearing No.6-1- ’42 at Khairatabad. The respondent is her immediate neighbour. The respondent filed the suit, stating that the appellant agreed to sell a bit of 80 sq. yards of land, in October 2004 @ Rs.12,000/- per sq. yard for a total sale consideration of Rs.12 lakhs and that, advance of Rs.1 lakh was paid on 19-10-2004 and Rs.50,000/- on 09-01-2005. Alleging that the appellant did not come forward to receive the balance of sale consideration and to execute the sale deed, the respondent filed the suit for specific performance of agreement.

3. The appellant filed the written-statement. She raised on objection as to the maintainability of the suit. According to her, the mother of the respondent approached her with a request to sell the suit schedule property. It is also stated that written agreement was entered into for sale of the property @ Rs.15,000/- per sq. yard, and a specific clause was incorporated i