JUDGMENT

The Appeal, under Section 96 of the Code of the Civil Procedure, is filed by the appellants/defendants 1 to 3 challenging the decree and Judgment dated 14.12.2010 in O.S.No.67 of 2007 passed by the learned Principal District Judge, Nellore (for short, ‘the trial court’). The 1st respondent is the plaintiff, who filed the suit in O.S.No.67 of 2007 seeking specific performance of agreement of sale dated 29.12.2006, registered on 30.12.2006.

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

3. The brief averments of the plaint are as under:—

(a) The plaint schedule property was originally owned by Dudala Venkata Subbaiah, who was the 1st defendant’s husband and father of defendants 2 and 3. He died intestate. Defendants 1 to 3 inherited his estate and became absolute owners. They agreed to sell the schedule property to the plaintiff on 29.12.2006 for Rs.21,05,500/-. In pursuance of the same, an agreement was entered between the plaintiff and the defendants 1 to 3 by reducing the terms into writing on that day, where the plaintiff paid an advance of Rs.2,00,000/-. It was agreed that the remaining sale consideration of Rs.19,05,500/- would be paid