JUDGMENT :

V. GOPALA KRISHNA RAO, J.

1. This Appeal, under Section 96 of the Code of Civil Procedure [for short 'the C.P.C.'], is filed by the Appellants challenging the Decree and Judgment, dated 30.01.2004, in O.S. No. 3 of 2001 passed by the learned I Additional District Judge, Kurnool [for short 'the trial Court'].

2. The appellants herein are the plaintiffs and 1st Respondent herein is the defendant in O.S. No. 3 of 2001. During the pendency of the appeal, 1st respondent died and the 2nd respondent herein was brought on record as Legal Representative of 1st respondent and subsequently, the 2nd respondent died and the respondent Nos. 3 and 4 herein are brought on record as Legal Representatives of 2nd respondent.

3. The appellants/plaintiffs filed the suit for specific performance of agreement of sale, dated 09.05.2000 executed by the defendant in their favour and for delivery of vacant possession of the suit schedule property.

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

5. The brief averments of the plaint, in O.S. No. 3 of 2001, are as under:

The defendant being the absolute owner of the suit schedule building agreed to sell the