JUDGMENT :

1. The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellant/defendant challenging the decree and Judgment dated 04.03.2009 in O.S. No.147 of 2004 passed by the learned V Additional Senior Civil Judge, Guntur (for short, ‘trial court’).

2. The respondent is the plaintiff, who filed the suit in O.S.No.147 of 2004 seeking Specific Performance of an agreement of sale dated 14.09.2003 or the alternative for a decree for Rs.9,33,200/-together with interest @ 24% p.a.

3. The parties will, hereinafter, be referred to as arrayed before the trial Court.

4. The plaintiff’s case, as can be seen from the material averments in the plaint, is as follows:

Defendant offered to sell the plaint schedule property to the extent of 2333 sq. yards for a total consideration of Rs.9,33,200/-@ Rs.400/-per sq. yard. The plaintiff showed its willingness to purchase the plaint schedule property. On 14.09.2003, the defendant executed a sale agreement in favour of plaintiff for the consideration of Rs.9,33,200/-. At the time of execution of the sale agreement, the plaintiff paid an amount of Rs.50,000/-by way of a cheque drawn on ICICI Bank dated 14.09.2003 and Rs.3,2