JUDGMENT :

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellants/plaintiffs challenging the Decree and Judgment, dated 14.06.2004, in O.S. No.117 of 1995 passed by the learned Principal Senior Civil Judge, Anantapur [for short ‘the trial Court’]. The Respondents herein are the defendants in the said Suit.

2. The Plaintiffs filed the above said suit for relief of specific performance of an agreement of sale, dated 14.08.1991, executed by the 1st defendant and his mother in favour of the plaintiffs for Rs.8,90,000/- after receiving the balance of consideration in respect of suit schedule property and direct delivery of possession.

3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.

4. The brief averments of the plaint, in O.S. No.117 of 1995, are as under:

i) The suit was originally filed against the first defendant. On his death, during the pendency of the suit, his legal heirs are added as defendants 2 to 5.

ii) The first defendant and his mother were the absolute owners of the plaint schedule property and the mother of first defendant died and her share was devolved upon the first