The appellant is the plaintiff. He sued for specific performance of an agreement to sell land. The agreement was on 8-10-1985. The price was Rs. 19,000/-. An advance of Rs. 5,000/- was paid. The defendant was to execute the sale deed on or before 7-1-1986 after receiving the balance consideration. The plaintiff was ready and willing to perform his part of the contract and to pay the balance consideration of Rs. 14,000/-. The defendant did not perform the contract. So, the plaintiff filed the suit on 8-1-1986. The plaintiff deposited the balance consideration in court on 17-1-1986. He claimed Rs. 2,000/- as damages for the delay in performance. During the trial he claimed that he was entitled to mesne profits from the property from the date of deposit of the balance consideration in addition to specific performance.

2. The defendant admitted the agreement. 'He admired the receipt of Rs. 5,000/-. He denied it was advance. He pleaded that it was earnest money. He was all along ready and willing to execute the sale deed within the stipulated time but the plaintiff was not ready and willing. The plaintiff had no funds. So the plaintiff could not tender the balance. The plaint