Judgment:

The appeal is filed against the judgment and decree dated 14-6-2004 passed by the learned I Additional District Judge, Visakhapatnam, in O.S.No.27 of 1998 to the extent of awarding costs in favour of the defendants. The suit is filed for the relief of specific performance of an oral agreement of sale in respect of suit schedule vacant site and for permanent injunction restraining the defendants 1 and 2 from interfering with the plaintiff’s permissive possession of the suit schedule site and for costs.

2. The case of the plaintiff as narrated in the plaint, in brief, is as follows:

(a) It is pleaded that the plaintiff is a builder of repute in and around Visakhapatnam and he is doing apartments constructions business. The defendants 1 and 2 are brothers and owners of the plaint schedule vacant site having succeeded to the same on the death of their father. The 2nd defendant is a permanent resident of Raipur. The 1st defendant, who is the elder brother, is representing the family. He was the head of the family, held deliberations with the plaintiff for the sale of the schedule property, in the presence of a mediator by name N. Appala Naidu.

(b) It is further pleaded that the de