THE HONOURABLE SMT. JUSTICE K. SUJANA In/and

COMMON JUDGMENT:

Challenging the judgment and decree dated 17.09.2003 passed in O.S.No.21 of 1996 by the learned II Additional District Judge, Karimnagar, the present Appeal Suit is filed.

2. The brief facts of the case are that O.S.No.21 of 1996 is filed by the plaintiff seeking a decree for specific performance of an agreement of sale dated 03.07.1993, along with the recovery of possession of the plaint schedule house. As per the plaintiff, defendant No.1 entered into a sale agreement with him for a consideration of Rs.2,10,000/-, out of which Rs.1,10,000/- was paid as part consideration. The remaining Rs.1,00,000/- was to be paid by 03.04.1994, upon which the sale deed was to be executed. The plaintiff alleges that despite being ready and willing to perform their obligations under the contract and offering the balance amount, defendant No.1 failed to execute the sale deed. Instead, defendant No.1 proceeded to sell the property to defendant No.2. Defendant No.2, however, denies the claim of the plaintiff and asserts that they had an earlier agreement of sale with defendant No.1 dated 27.03.1993, pursuant to which possession of the prope