E S RAJAN Vs. R MOHAN

JUDGEMENT

(1.) This is a Defendant's Appeal arising out of a suit for specific performance tried and decreed against him by the III Additional City Civil Judge, Bangalore. A few facts that have led to the filing of this Appeal may be stated first: The Defendant/Appellant before us is the absolute owner of the suit property comprising a two-storeyed house situated at 5th Main Road, 'A' Block, Rajajinagar, Second Stage, Bangalore-560 010. By an Agreement to Sell, dated 3rd January, 1985, the Appellant agreed to sell the said property to the respondent-Vendee for a total sale consideration of Rs. 6,30,000/-. The Agreement, execution whereof is not in dispute interalia, envisaged the following:

(2.) In pursuance of the Agreement aforesaid, the Vendor-Appellant here in received on different occasions a total sum of Rs. 2 lakhs, from the Respondent-Vendee. The receipt of the said amount is not denied by the Appellant-Vendor, nor is it denied that even though the time originally fixed for completion of the sale transaction was six months from the date of the execution of the Agreement, the said period had been later extended by the parties mutually upto the 10th October, 1985. There is some dispute between the parties as to the reasons behind the extension in the period fixed for completion of the sale but the endorsement made on the foot of Agreement indicates that the extension of the period was by the mutual consent of the parties. The endorsement reads thus: Endorsement No. V dated:

(3.) On the 2nd October, 1985 while the period fixed for the completion of sale transaction had still not expired, the Appellant-Vendor through his Counsel Mr. B.H. Katarki, Advocate sent a telegraphic Notice to the Respondent-Vendee in which he stated that the Respondent-Vendee had not turned up to get the sale-deed registered after paying the balance consideration amount and that since the extended time had expired the Vendor was no longer obliged to perform his part of the contract. Since this notice has a bearing on the question of the Vendor's preparedness for completing the sale transaction, it is necessary to reproduce the same in extenso.