JUDGMENT :

This regular appeal under Section 96 Code of Civil Procedure (hereinafter referred to as ‘CPC’) is directed against the decree and judgment in O.S.No.8 of 2005 dated 25.10.2007 on the file of the Court of learned I Additional District Judge, Kurnool.

2. The defendant, before the trial Court, is the appellant. The respondent herein is the plaintiff.

3. The respondent instituted the suit for specific performance of agreement of sale.

4. Before adverting to the material and evidence on record and nature of findings in the judgment of the trial Court, it is necessary to scan through the case pleaded by the parties in their respective pleadings.

5. The case of the respondent/plaintiff in brief in the plaint was as follows:

(i) The appellant has been in possession and enjoyment of the plaint schedule property of an extent of Ac.3.00 cents in Survey No.5 of Pasupula Village since 21.12.1995, having purchased the same under a registered sale deed. He offered to sell the same to the respondent and respondent agreed to purchase the same for a consideration of Rs.12,35,000/-. On 11.01.2005, respondent paid an amount of Rs.35,000/-to the appellant towards advance, also agreed to pay the r