JUDGMENT :

In this second appeal under Section 100 C.P.C. the defendants in the suit are the appellants and the respondent is the plaintiff. O.S.No.52 of 2008 was filed by the plaintiff seeking the following relief:

“(a) For specific performance of the registered agreement of sale dt. 17.01.2005 by directing the defendants to receive the balance sale considerate of Rs.30,500/-and to execute a regular sale deed and register the same in favour of the plaintiff or his nominee in respect of the plaint schedule property and deliver the possession of the same to the plaintiff and upon their failure to do so, the Hon’ble Court may be pleased to direct the plaintiff to deposit the balance sale consideration of Rs.30,500/-into Court and execute a regular sale deed and register the same in favour of the plaintiff on behalf of the defendants and deliver the possession of the same to the plaintiff.”

2. Defendants put in their contest. After due trial, the learned V Additional Senior Civil Judge, Guntur by judgment dated 31.12.2008 dismissed the suit. Aggrieved of it, the plaintiff filed A.S.No.152 of 2009. The defendants put in their contest. Learned first appellate Court agreed with the case of the plaintiff and set aside the lower Court judgment and allowed the appeal in the following terms:

“9. In the result, the appeal is allowed, setting aside the judgment that is rendered in O.S.No.52 of 2008, dated 31.12.2008 by the Court of V Additional Senior Civil Judge, Guntur. Thus, the suit is decreed with costs, directing the plaintiff to deposit the balance of sale consideration of Rs.30,500-00 (Rupees thirty thousand and five hundred only) with interest at the rate of 24% per annum from 16.01.2006 till the date of decree within one month from the date of decree and the second defendant is directed to execute registered sale deed by receiving the said sale consideration in favour of the plaintiff in respect of the suit schedule property, failing which, the appellant/plaintiff is at liberty to obtain the same through due process of law.”

3. At this juncture, it has to be noticed that the prayer in the suit shows preparedness of plaintiff to pay only Rs.30,500/-towards balance sale consideration. However, the first appellate Court’s direction to plaintiff indicates an additional payment of 24% interest. This aspect of the matter is one that is argued in this second appeal.

4. It bears a mention here that during pendency of first appeal before learned Principal District Judge, Guntur, the plaintiff had filed I.A.No.714 of 2010 under Order VI Rule 17 C.P.C. seeking to permit him to amend the plaint and seek the alternative relief of refund of money along with interest. The first appellate Court dismissed that petition. The plaintiff carried the matter to this Court by way of C.R.P.No.2508 of 2010. This Court allowed the revision and permitted the plaintiff to have the plaint amended. In such circumstances, plaint was amended and the alternative relief was claimed in the following terms:

“(b) alternatively, for the refund of advance sale consideration of Rs.1,00,000/-paid to the defendants under the agreement of sale together with interest at 12% p.a. (amended as per CRP No.2508/2010 allowed by the Hon’ble High Court of A.P. dt. 11.06.2015.)”

5. It may also be noted that during pendency of the first appeal before the learned Principal District Judge, Guntur the 1st defendant died. It seems that by virtue of the property rights between each of the defendants, only the 2nd defendant became entitled to represent the case. Since the first appellate Court decreed the suit for specific performance, the defendants have carried the matter to this Court by this second appeal.

6. 139.5 square yards of vacant site out of Ac.12.12 cents of land in D.No.559 situate in Pedakakani Gram Panchayat, Near Boddurai Center, Guntur District is the immovable property owned by defendants. It is about that property the litigation arose. In the plaint, it is stated that defend