JUDGMENT:

This appeal, under Section 96 of the Code of Civil Procedure, 1908 (‘the Code’ for brevity) by the unsuccessful plaintiff is directed against the decree and judgment, dated 31.07.2006, of the learned VIII Additional Senior Civil Judge (Judge, Fast Track Court), City Civil Court, Hyderabad, in OS.No.461 of 2003, whereby the suit seeking the reliefs of specific performance, cancellation of a sale deed and damages was dismissed.

2. I have heard the submissions of Sri V.L.N.G.K. Murthy, learned senior counsel representing Sri S. Ganesh, learned counsel for the appellant/plaintiff; of Ms. K.N. Laxmi, learned counsel appearing for the 3^rd respondent/ 3^rd defendant; and of Sri K. Sarvabhouma Rao, learned counsel appearing for the respondents 1 & 2/defendants 1 & 2. I have perused the material record.

3. The parties in this appeal shall hereinafter be referred to as the plaintiff and the defendants as arraigned in the Original Suit for convenience and clarity.

4. Since this is a first appeal and as this Court is the last Court of fact, it is necessary to refer to the pleadings of the parties.

5. The plaint averments, in brief, are as follows:

The defendants 1 & 2 are the owners of th