JUDGMENT :

This appeal is filed by the appellant/4th defendant challenging the judgment and decree, dated 18-01-2005, in O.S.No.139 of 1997 passed by the learned Principal Senior Civil Judge, Tirupati, Chittoor District. The 1st respondent herein is the plaintiff and respondents 2 to 4 are defendants 1 to 3 in the said suit.

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

3. The 1st respondent/plaintiff filed the suit for specific performance of agreement of sale dated 05-8-1995 and also for delivery of possession of plaint schedule property.

4. In a nutshell, the averments in the plaint are as follows:

Defendants 1 to 3 are absolute owners of the plaint schedule house property. Defendants 1 and 3 are parents of the 2nd defendant (son). Defendants 1 and 2 on behalf of their joint family borrowed several amounts on several occasions through cheques and a promissory note from the plaintiff for construction of plaint schedule house with promises to repay those amounts with interest at the rate of 24% per annum. While so, on 05-8-1995 they expressed their inability to repay the amounts due to the plaintiff and offered to sell away the plaint schedule p