JUDGMENT: -

This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 20.04.2005, in O.S. No.25 of 2002 passed by the learned VI Additional District Judge, Visakhapatnam [for short ‘the trial Court’]. The Respondent herein is the plaintiff in the said Suit.

2. The respondent/plaintiff filed a Suit for specific performance of agreement of sale dated 04.09.2000 directing the defendants to execute registered sale deed of the schedule property in favour of the plaintiff after receiving balance sale consideration, failing which requesting the Court to execute the sale deed on behalf of defendants.

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.25 of 2002, are as under:

The defendants sold away the schedule property, for their family necessity and for acquiring some other properties, to the plaintiff for a consideration of Rs.13,00,005/- at the rate of Rs.12,381/- for cent and executed a sale agreement in favour of the plaintiff on 04.09.2000 by receiving an advance amount of Rs.2,00,00