JUDGMENT:

Defendant before the trial Court filed the Second Appeal under Section 100 CPC questioning the judgment and decree of specific performance of an agreement for sale that was granted by the first appellate Court.

2. O.S.No.589 of 2012 was a suit for specific performance of an agreement for sale with a further prayer for perpetual injunction. Respondent herein was the plaintiff and he filed that suit against the defendant who is the appellant here. After due trial, learned Principal Junior Civil Judge, Kadapa by a judgment dated 04.07.2016 dismissed the suit. However, as the defendant in that suit volunteered to redeposit the sale consideration she received, the same was permitted and the plaintiff in the suit was permitted to withdraw the suit amount.

3. Having failed to secure the relief of specific performance, the plaintiff preferred A.S.No.73 of 2016 before learned IV Additional District Judge, Kadapa. On considering the m