JUDGMENT :

This is the vendee’s appeal under Section 100 C.P.C. He filed O.S.No.112 of 2007 seeking for specific performance of an agreement for sale dated 10.11.1986 with a direction to the defendants to execute a registered sale deed in favour of the plaintiff and for delivery of possession of the property and for costs and such other reliefs. After due trial, the learned Principal Senior Civil Judge, Nandyal dismissed the suit. Aggrieved by it, he preferred an appeal before the learned District Court in A.S.No.1 of 2010. After due hearing, the learned III Additional District Judge, Kurnool at Nandyal by a judgment dated 06.01.2012 dismissed the appeal and thereby confirmed the judgment of the trial Court. In pursuit of his prayer, plaintiff is now in this second appeal.

2. Respondent Nos.1 and 2 are natural brothers to each other and they were the defendants in the suit and respondents in this appeal.

3. On 22.06.2012 a learned Judge of this Court admitted the appeal on the following substantial questions of law :

(i) Whether time is the essence of the contract and the defendants had committed default in performing their part of contract from the material evidence available and appr