Vilas V. Afzulpurkar, J.

The unsuccessful plaintiff has filed this appeal aggrieved by the dismissal of his suit for specific performance.

2. Brief facts are as follows:

3. For the convenience, the parties are referred to as they are arrayed in the suit.

4. The defendant is the elder brother of the plaintiff. An agricultural land of an extent of Ac.2.25 cents, out of a total extent of Ac.7.71 cents from Sy.Nos.576/1 and 576/4 in Ellareddipalle Village, Kamalapuram Mandal, Kadapa District, was agreed to be sold by the defendant to the plaintiff under an agreement of sale, Ex.A.1, dated 31.08.1991, which is in telugu, and the terms thereof which are not in controversy are as follows:

5. The total consideration for the said sale was Rs. 1,40,000/- and the plaintiff paid a sum of Rs. 40,000/- on the date of Ex.A.1 i.e. on 31.08.1991. The rest of the amount of Rs. 1.00 lakh was payable in two instalments of Rs. 50,000/- each on or before 20.02.1992 and on or before 31.08.1992 respectively. The agreement also provided that in the event of default being committed by the plaintiff the said agreement would stand cancelled and the defendant would be entitled to forfeit the entire part c