In specific performance cases, mutual obligations must be met; time is not of essence if one party defaults, necessitating performance from both sides.

JUDGMENT

1. The judgment, dtd. 16/3/2018, in Original Suit No.12 of 2010, on the file of the Court of II Additional District Judge, Kurnool at Adoni (for short, 'the learned Additional District Judge') is under challenge in this Appeal filed by the appellant.

2. The appellant in the capacity of the plaintiff filed the aforesaid Suit with a prayer to grant specific performance of agreement of sale, dtd. 3/8/2009, so as to direct the defendants 1 to 3 to execute a regular sale deed in his favour in pursuance of the said agreement of sale and in alternative prayed for a direction to the defendants 1 and 2 to pay an amount of Rs.10,00,000.00, which was paid to them by the plaintiff as advance sale consideration, with interest at the rate of 24% per annum from 3/8/2009 till the date of payment.

3. The learned Additional District Judge, granted alternative relief of refund of advance sale consideration by directing the defendants 1 and 2 to refund the advance sale consideration amount of Rs.10,00,000.00 to the plaintiff with interest at the rate of 6% per annum from the date of agreement of sale i.e., 3/8/2009 till the date of realization and further directed that in the circumstances of case each party shall bear their own costs.

4. Aggrieved of the said judgment, declining to grant the relief of specific performance and inclining to grant the alternative relief of refund of advance sale consideration, the plaintiff filed the present Appeal challenging the judgment, as above, by contending that he is entitled to the relief of specific performance of agreement of sale, dtd. 3/8/2009.

5. Interlocutory Application No.1 of 2023 is filed by the petitioner/appellant seeking to receive the documents annexed to the Application as additional evidence in the present Appeal.

6. The case of the plaintiff, in brief, before the learned Additional District Judge, as set out in the averments of the plaint, is that defendants 1 and 2 agreed to sell the plaint schedule property in favour of the plaintiff for a sum of Rs.21,00,000.00. After receiving the advance amount of Rs.10,00,000.00 from the plaintiff, they executed an agreement of sale on 3/8/2009. They have to execute the regular registered sale deed in favour of the plaintiff after receiving the balance sale consideration of Rs.11,00,000.00 on or before 2/11/2009. As per the recitals of the agreement of sale, defendants 1 and 2 have to get the land measured on or before 2/11/2009. When the plaintiff approached defendants 1 and 2 and requested them to receive the balance sale consideration to execute regular sale deed in his favour, they postponed the issue on one pretext or the other. Plaintiff has been always ready and willing to perform his part of contract. Therefore, he sent a notice, dtd. 31/10/2009, through telegram as well as by courier service calling upon the defendants 1 and 2 to execute regular sale deed in his favour after receiving the balance sale consideration of Rs.11,00,000.00 on 2/11/2009. The defendants 1 and 2 received the said notice. The plaintiff was present in the Sub-Registrar's Office (SRO), Adoni on 2/11/2009 with