(1.) The defendant is the appellant. The respondent is the plaintiff.
(2.) The respondent laid the suit for specific performance of contract on the foot of an agreement for sale dated 08/06/2005 against the appellant stating that the appellant had agreed to sell an extent of Ac.0.42 cents in Sy.No.28/2 of Pernamitta village for Rs.3,10,000.00 there under and received Rs.30,000.00 towards advance, agreeing to execute as well as register regular sale deed upon payment of the balance sale consideration within six (6) months there from.
(3.) The respondent further stated in the plaint that the appellant had purchased the above extent from Smt.Kankanala Audemma and others on 10.03.2003 under possessory contract for sale for Rs.48,000.00 , out of which he paid Rs.44,000.00 as advance and that the appellant had obtained a registered lease deed on 11/03/2003 from his vendors. It was also averred in the plaint that the appellant had informed of the same to the respondent and handed over photocopies of aforesaid agreement for sale as well as lease deed to him.