1. Plaintiff in O.S.No.155 of 1988 on the file of Court of III Additional Subordinate Judge, Visakhapatnam, is the appellant in the present Appeal Suit, preferred under Section 96 of Code of Civil Procedure against the judgment and decree dated 30.1.1997 passed by the said Court.

2. The appellant herein instituted the said suit for the following reliefs:

(1) Permanent injunction restraining the defendants 1 and 2 from selling the suit schedule I and II site with a thatched house to third defendant or any other person.

(2) And as a consequential relief to set aside the sale dated 29.3.1988 in respect of Schedule-II property which is given as a passage of the width of 2 feet and length of 52 feet for road accessibility or in the alternative to declare the sale in respect of Schedule-II property which is included in the sale deed dated 29.3.1988 as null and void.

(3) For specific performance of the suit agreement dated 26.4.1987 by directing the defendants 1 and 2 to register the suit schedule I and II site in favour of the plaintiff after receiving the balance of sale consideration after deducting the interest payable by the defendants to the plaintiff at the rate of 24% per annum from 26.5.1987 as directed by this Hon'ble Court and in case defendants 1 and 2 fails to register the same in favour of the plaintiff, this Hon'ble Court to register the sale deed in favour of the plaintiff on behalf of the defendants 1 and 2 and for delivery of possession.

(4) And in case the specific performance cannot be granted this Hon'ble Court direct the defendants 1 and 2 to order the return the advance of Rs.15,000/- with interest at 24% per annum from 26.4.1987 and also for a sum of Rs.10,000/- being the damages for breach of contract.

(5) For costs of the suit; and

(6) For such other relief or reliefs which this Hon'ble Court may deem fit and proper under the circumstances of the case.

3. The schedule of properties is as follows:

SCHEDULE-I

The suit schedule land consisting of 2 roomed old tatched house with vacant space of 60 sq.yards situated in the backyard of Door No.34-11-12, Ward No.38, S.No.295, Block No.13, Holly Cross Street, Gnanapuram, Visakhapatnam, marked as A, B, C, D in plaint plan bounded by:

East : The house of Gullipilli Santhaiah

South : Allotted 3 lane with Municipal drainage

West : Asbestos sheet house of one Pyla Atchanna

North : Tiled house of the Defendants 1 and 2 with vacant land

Total extent : 60 (sixty only) sq.yards

Total value : Rs.36,000/-

SCHEDULE-II

The 2 feet width and about 50 feet length common passage on the Eastern side of the tiled house with D.No.34-11-12 S.No.295 Block No.13, Holy Cross Street, Gnanapuram, Visakhapatnam, marked as D, E, F, G in the plaint plan is bounded as follows:

East : The house of Gullipilli Santhaiah

South : Vacant land with tatched house.

West : Tiled house and terraced and asbestos sheet rooms.

North : Municipal Road

Total extent :

4. Defendants 1 and 2 executed Ex.A3 Agreement of Sale dated 26.4.1987 in favour of the plaintiff, agreeing to sell the plaint property for a total consideration of Rs.36,000/-. On the date of Ex.A3, plaintiff paid an advance amount of rs.15,000/-. By way of Ex.A4 notice dated 11.1.1988, 1st defendant asked the plaintiff to receive back the advance amount of Rs.15,000/- with interest and to return the agreement executed by him on the ground that necessary certificates for registration could not be secured. In response to the same, plaintiff got issued Ex.A5 reply dated 26.1.1988, calling upon to perform the contract within (10) days. Thereafter, plaintiff also got issued Ex.A7 notice dated 29.3.1988 to the Joint Sub-Registrar, Visakhapatnam, asking not to register any transaction in respect of the subject property. First defendant executed Ex.A8 sale deed dated 29.3.1988 in favour of 3rd defendant. First defendant filed written statement and he passed away pending suit and after his death, on 9.10.1996, 2nd defendant, son of 1st defendant filed additional writte