JUDGMENT :

U. Durga Prasad Rao, J.

1. Aggrieved by the judgment dated 18.01.2018 in O.S. No.36/2009 passed by learned District Judge, Anantapuram dismissing the suit for specific performance of agreement to sell dated 01.02.2009, the 1st plaintiff out of 4 plaintiffs filed the instant appeal.

2. The factual matrix of the case is thus:

(a) Defendants are the absolute owners of plaint schedule land. The plaintiffs and defendants entered into Ex.A1 - agreement to sell dated 01.02.2009 whereunder the plaintiffs agreed to purchase the plaint schedule land for Rs. 80 lakhs from the defendants and paid an advance of Rs. 10 lakhs. It was agreed that they should pay the balance sale consideration of Rs. 70 lakhs within five months by 01.07.2009. Upon which the defendants agreed to execute the registered sale deed in their favour.

(b) It is further case of the plaintiffs that the 1st plaintiff will have 50% of the share and remaining plaintiffs 2 to 4 will together have remaining 50% of the share in the plaint schedule land on purchase.

(c) It is the case of the plaintiffs that they were ready and willing to perform their part of the contract. However, they came to know in respect of suit schedule