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.49 of 1989 dated 27.10.1998 on the file of the Court of learned Senior Civil Judge, Ramachandrapuram.

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

3. The appellant instituted the suit for specific performance of contract directing the respondent to execute a proper sale deed in his favour and get it register for the schedule property after receiving the balance of sale consideration and further to deliver the possession of the schedule property together with improvements thereon or in the alternatively to grant a decree to refund of advance money together with interest @ 18% per annum.

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 appellant/plaintiff in brief in the plaint was as follows:

(i) The respondent is the owner of the property which is a vacant site in Vegayampeta. For the purpose of