C. Y. SOMAYAJULU, J.

( 1 ) DEFENDANT in O. S. No. 1212 of 1978 on the file of the court of the IX Assistant Judge, city Civil Court, Hyderabad, is the appellant in this second appeal. For the sake of convenience, the parties would hereinafter be referred to as they are arrayed in the trial court.

( 2 ) THE suit is filed for specific performance of Ex. A-1 agreement of sale, executed by the defendant in favour of the plaintiff in respect of the property specified in the schedule appended to the plaint, which would hereinafter be referred to as the suit property . The case of the plaintiff is that the defendant let out the suit property to him on a monthly rent of Rs. 150. 00, and subsequently, the defendant had on 2-8-1977 agreed to sell the same to him for rs. 10,0007- and received Rs. 7,000. 00 from him on that day and executed Ex. A-1 agreement in his favour, as per the terms of which he has to pay the balance amount of rs. 3,000/- at the time of registration of the sale deed, and can continue in possession of the suit property without paying rent, as purchaser in possession in part performance of the agreement of sale, and in spite of repeated requests, defendant neither receive

Click Here to Read the rest of this document