B. SOFI Vs. K. NAGAMMA

JUDGEMENT

(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.