JUDGMENT:

This appeal is preferred against the judgment and decree, dated

29.11.2011, passed in O.S.No.22 of 2005 on the file of the Court of IV Additional District Judge, Tirupathi.

2 . The pleadings of the parties are as follows:

2(a) The plaint averments, in brief, are that the 1 st defendant is the wife of late Adham Subbarami Reddy of Akkarampalle village, Tirupathi Urban Mandal. The 2 nd defendant is the son and defendants 3 & 4 are the daughters of late Subbarami Reddy. Late Adham Subbarami Reddy and the defendants herein constituted a Hindu Joint undivided family possessing landed properties including the plaint schedule property. Late Adham Subbarami Reddy was the Manager of the said Joint Hindu Undivided family. He died in the month of August, 2002 leaving behind the defendants herein as legal heirs to succeed to his estate including the plaint schedule property. While Subbarami Reddy was alive, for family necessities and benefits and to discharge his antecedent debts, entered into an agreement of sale with the plaintiff to sell the plaint schedule property for a total consideration of

Rs.11,31,000/- on 23.05.2002. Accordingly, late Subbarami Reddy executed a written agreement of sale in favour of the plaintiff on

23.05.2002. The plaint schedule property is the self acquired property of late Adham Subbarami Reddy having purchased the same under registered sale deed, dated 20.7.1989 from Alathuru Mangamma and A. Rami Reddy. On the date of the agreement, the plaintiff has paid an advance amount of Rs.2,25,000/-. The factum of payment is incorporated in the agreement itself. Among other terms of agreement, late Subbarami Reddy agreed to receive the balance of sale consideration of Rs.9,06,000/- from the plaintiff within four months and undertook to execute a regular registered sale deed in favour of the plaintiff with his expenses and undertook to execute a registered sale deed in the name of the plaintiff or his nominee. As per the terms of the agreement, it was agreed that the plaintiff has to forego his advance amount, in case, he happens to commit default and evade paying the balance of sale consideration and getting the sale deed registered in his name within the stipulated period. It was equally agreed that in case, late Adham Subbarami Reddy failed to receive the balance of sale consideration from the plaintiff, and fails to get the document registered in the name of the plaintiff, the plaintiff is empowered to initiate legal proceedings and get the sale deed registered in the name of the plaintiff through the process of Court. All the said conditions and terms are embodied in the agreement of sale, dated 23.05.2002 itself. The plaintiff approached Adham Subbarami Reddy, the vendor of the agreement in the beginning of the month of August, 2002 with the balance of sale consideration as agreed and demanded to execute a regular registered sale deed in his favour with his expenses. But, late A Subbarami Reddy has postponed fulfilling the terms of agreement under one pretext or the other. In the meanwhile, Subbarami Reddy died leaving behind the defendants as his legal heirs to succeed his estate including the plaint schedule property. After the demise of Subbarami Reddy, the defendants as legal heirs and the members of undivided Hindu Joint family and for whose benefit, late Adham Subbarami Reddy received the advance amount of sale consideration, executed suit agreement are bound in law to fulfill the terms of the agreement and execute a regular registered sale deed in favour of the plaintiff with his expenses after receiving the balance sale consideration. The plaintiff issued a registered notice on 20.09.2002 served on the defendants demanding them to fulfill the terms of agreement as the plaintiff has always been ready and willing to perform his part of the contract. But the