(1.) This appeal, under Sec. 96 CPC, is preferred against the judgment and decree, dtd. 30/9/2016, passed in O.S.No.469 of 2014 on the file of the Court of XII Additional District Judge, at Visakhapatnam, whereby the suit filed by the respondent/plaintiff seeking specific performance of agreement of sale, dtd. 16/3/2013, or in the alternative, for refund of advance sale consideration of Rs.2,80,000.00 with interest and costs, was decreed.
(2.) Heard Sri N.Subba Rao, learned counsel for the appellant/ defendant and Sri D.Ravishankar Rao, learned counsel for the respondent/plaintiff. The parties shall be referred as the plaintiff and defendant hereinafter.
(3.) The case of the plaintiff, in brief, is as follows: