JUDGMENT:

Aggrieved by the decree and judgment dated 23.06.1997, passed in Original Suit No.127 of 1984 by the Subordinate Judge (Now Senior Civil Judge) Tanuku, West Godavari District (For short, 'the trial Court'), the 3rd defendant therein preferred this Appeal.

2. Appellant herein was the 3rd defendant, 1st respondent herein was the plaintiff, respondents 2 to 6 herein were the defendants 2 and 4 to 7. The appeal against the respondents 3 to 6 herein was dismissed for default vide Court order dated 18.10.2001.

3. For convenience of reference, the ranks given to the parties in O.S. No.127 of 1984 will be adopted throughout this judgment.

4. The plaintiff filed suit for specific performance of agreement of sale dated 17.08.1983, marked as Ex.A-11, and direct the defendants to execute registered sale deed in his favour and in the alternative to pass a decree for refund of advance amount of Rs.6,000/- with interest at 24% p.a., and Rs.20,000/- towards damages for breach of contract, alleging that the plaint schedule property is the ancestral property of defendants 1 to 3; defendants 1 and 2 entered into an agreement of sale with the plaintiff on 17.08.1983, for Rs.60,500/- and received