The unsuccessful plaintiff in a suit for specific performance of an agreement for sale of immovable property is the appellant. He entered into an agreement with the first defendant - first respondent on 2-7-1981 by which she agreed to sell 65 cents of land for a total consideration of Rs. 20.000/- of which an amount of Rs. 10,000/- was paid as advance. The balance was agreed to be paid and the transaction completed on or before the 28-2-82. Though plaintiff informed the first defendant about his readiness and willingness, first defendant was not prepared to perform her part of the contract. On enquiry plaintiff came to understand that out of the property agreed to be sold 15 cents on the southern side had already been sold to another person and the remaining area of 50 cents alone was available. There was also encumbrance charged over the property. Phi in tiff therefore wanted a sale deed to be executed in respect of 50 cents of land on a proportionate consideration of Rs. 15,385/-. He expressed willingness to deposit the balance amount of Rs. 5385/-. In the alternative he sought a decree for return of the amount advanced with interest at 15% per annum. Second defendant