JUDGMENT :

Unsuccessful plaintiff filed the above appeal, assailing the judgment and decree dated 29.10.2004 passed in O.S.No.93 of 1993 on the file of learned Senior Civil Judge, Bhimavaram.

2. For the sake of convenience, parties to this appeal are referred to as they were arrayed in suit.

3. The averments in plaint, in brief, are that the defendant/owner of the suit schedule property offered to sell the same; that the bargain was settled for a sum of Rs.4,30,500/-; that on 21.04.1990, the defendant executed agreement of sale in favour of the plaintiff and received an amount of Rs.20,500/- as advance; that the balance sale consideration is to be paid by 15.08.1990 and the defendant shall execute sale deed in favour of the plaintiff or his nominee; that if for any reason, the plaintiff fails to pay the balance sale consideration and obtain sale deed by 15.08.1990, the balance sale consideration payable shall carry 24% per annum; that if the defendant fails to perform his part of contract, the defendant shall be liable for legal consequences; that the property is to be delivered on the date of execution of sale deed; that the plaintiff made part payment of Rs.40,000/- on 28.04.1990 ou