A.V. Sesha Sai, J.

The plaintiff in O.S. No. 41 of 1998, on the file of the Court of the Additional District Judge, Hindupur is the appellant in the present appeal suit filed under section 96 of the Code of Civil Procedure. This appeal challenges the Judgment and Decree, dismissing the suit.

2. The appellant herein instituted the said suit for specific performance of agreement of Sale dated 09.02.1988. Suit schedule properly is the open space, ad-measuring East to West 9½ feet, North to South 34 Feet i.e., 35 and 8/9 sq uards situated on the Southern side of Walse Road, within the limits of Hindupur Municipality.

3. According to the plaintiff, the defendant executed Ex.A.1 Sale Agreement dated 09.02.1988, agreeing to sell the plaint schedule property for a total consideration of Rs. 62,500/- and he paid a sum of Rs. 4,500/- as advance amount and also another sum of Rs. 500/- and the defendant acknowledged the same by way of Ex.A.2 on the same date. Plaintiff further pleaded that as the defendant was not cooperating for execution of the sale deed, he got issued Ex.A.3 legal notice dated 03.05.1988, calling upon the defendant to perform his part of contract. In response to the