The appellant filed O.S.No.50 of 2002 in the Court of the Senior Civil Judge, Bhongir against the respondent for the relief of specific performance of an agreement of sale, dated 25.01.2001, in respect of Acs.6.12 guntas of land in D.Nagaram Village, Choutuppal Mandal. He pleaded that the respondent agreed to sell the land at the rate of Rs.36,000/- per acre and on the date of the agreement, a sum of Rs.1,00,000/-was paid as part of consideration. According to the appellant, though the sale deed was to be executed on or before 21.04.2011, after payment of balance of consideration, the respondent was under obligation to get the land measured and to obtain non-encumbrance certificate. He pleaded that despite his request, the respondent did not come forward to get the land measured and that left with no alternative, he filed the suit.

2. The respondent filed a written statement opposing the suit. He pleaded that time was essence of the contract and that the appellant did not pay the balance of the consideration, within the stipulated time. He denied the averment that the land was not measured or that the other formalities were not complied with.

3. The trial Court dismissed the suit through judgment, dated 14.02.2008. Aggrieved thereby, the appellant filed A.S.No.69 of 2008 in the Court of the Principal District Judge, Nalgonda. The appeal was dismissed on 14.03.2011. Hence, this second appeal.

4. Sri G.Madhusudhan Reddy, learned counsel for the appellant, submits that the trial Court and the lower appellate Court have taken hypertechnical view of the matter and once the agreement marked as Ex.A1 was proved, the relief of specific performance ought to have been granted. He submits that the appellant made repeated oral requests to the respondent to get the land measured and even by the date of filing of the suit, the measurement has not been taken place.

5. Sri N.Ramachandra Rao, learned counsel for the respondent, on the other hand, submits that time was the essence of contract and the appellant did not pay the consideration before the stipulated date. He submits that the theory of the appellant making a request to the respondent to get the land measured and that there was noncompliance with the same; was invented for the purpose of the suit. He further submits that the trial Court and the lower appellate Court have examined the matter in detail and have arrived at just and proper conclusions. He contends that the concurrent findings of fact do not warrant interference.

6. In the suit filed for specific performance of an agreement of sale, filed by the appellant, the respondent did not deny the execution of the agreement, but has pleaded that the former was not ready and willing to perform his part of contract nor did he comply with the obligation within the stipulated time.

7. The trial Court framed the following issues and additional issue for its consideration:

Issues:

1. Whether the plaintiff was ready and willing to pay the balance of consideration on or before 20.04.2001 to obtain registered sale deed?

2. Whether the agreement of sale dated 25.01.2001 is inadmissible in evidence?

3. Whether time is the essence of contract in this case?

4. Whether the plaintiff is entitled for relief of specific performance of contract of sale?

5. Whether the defendant is owner of suit land and he is entitled for recovery of possession of suit land?

6. Whether the defendant is entitled for mesne profits at the rate of Rs.12,000/-per annum from the date of counter claim till the date of delivery of possession of suit land?

Additional Issue:

1. Whether the plaintiff is entitled for the alternative relief of damages on the basis of prevailing market value, if so, at what rate?

8. On behalf of the appellant, P.Ws.1 to 3 were examined and Exs.A1 to A10 were filed. The respondent alone deposed as D.W.1 and filed Exs.B1 to B3. The suit was dismissed. The lower appellate Court framed only one point for its consideration namely;

1. whether