JUDGMENT :

1. The plaintiff is the appellant. The 2nd respondent is the wife of the 1st respondent. They as well as the 3rd respondent were the defendants.

2. The 1st respondent admittedly is the owner, who had right, title and interest to the plaint schedule property. It is to an extent of Ac.0-35 cents described as a dry land in S.No.180/3 at Tummikapalli village, Kothavalasa Mandal, Vizianagaram District within the specific boundaries mentioned in the plaint schedule. It shall be referred to hereinafter as, ‘the suit land’, for convenience.

3. The appellant laid the suit for the relief of specific performance basing on an agreement for sale dated 09.10.2004, to direct the respondents to execute a regular sale deed and to register pursuant thereto of the suit land and in failing to do so to get the same registered through the process of the Court. Alternatively, he requested to direct refund of alleged advance sale consideration of Rs.3.50 lakhs by the respondents with future interest at 24% p.a. from the date of the agreement for sale till realization as well as compensation of such amount not exceeding the suit value for breach of contract as well as costs.

4. The appellant as