JUDGMENT :

M.LAXMAN, J.

APPEAL SUIT Nos.2361 & 2429 OF 2001

1. Since both the appeals arise out of same judgment, they are being disposed of by this common judgment.

2. Both these appeals assail the judgment and decree dated 18.07.2001 in O.S.No.6 of 1993 on the file of the Senior Civil Judge at Khammam, whereunder and whereby the suit filed by the plaintiff, who is the appellant in A.S.No.2429 of 2001, was partly decreed rejecting specific performance and directed the defendant, who is the appellant in A.S.No.2361 of 2001, to refund a sum of Rs.1,60,000/- received by him as part sale consideration with interest 18% per annum.

3. For the sake of convenience, the parties hereinafter are referred to as they are arrayed in the said suit.

4. The case of the plaintiff is that the defendant is the absolute owner of dry land admeasuring Ac.1-00 gunta, forming part of Sy.Nos.92, 93 and 96, situated at Velugumatla Village, Khammam Urban Mandal, Khammam District (hereinafter, referred to as ‘suit schedule property’). The defendant agreed to sell the suit schedule property to the plaintiff through the agreement of sale dated 30.04.1992 (Ex.A-2). The total sale consideration was Rs.2,00,000/-. The p