JUDGMENT :

B.S. BHANUMATHI, J.

1. This appeal, under Section 96 CPC, is preferred against the judgment and decree, dated 30.09.2016, passed in O.S. No. 469 of 2014 on the file of the Court of XII Additional District Judge, at Visakhapatnam, whereby the suit filed by the respondent/plaintiff seeking specific performance of agreement of sale, dated 16.03.2013, or in the alternative, for refund of advance sale consideration of Rs. 2,80,000/- with interest and costs, was decreed.

2. Heard Sri N. Subba Rao, learned counsel for the appellant/defendant and Sri D. Ravishankar Rao, learned counsel for the respondent/plaintiff. The parties shall be referred as the plaintiff and defendant hereinafter.

3. The case of the plaintiff, in brief, is as follows:

(a) The defendant is the absolute owner of the schedule mentioned property, which is a zyroti dry land, in an extent of Ac.1.40 cents. The defendant offered the said land for sale to the plaintiff and the plaintiff accepted the said offer, and an agreement of sale was entered into between the plaintiff and the defendant, on 16.03.2013. As per the said agreement of sale, the sale consideration is fixed at Rs. 11,500/- per Cent and on 16.03.2013, t