AMMUKUTTY AMMA Vs. MADHAVI AMMA

JUDGEMENT

(1.) These appeals against second appeals arise from two suits, O.S. Nos. 329 and 340 of 1121 on the file of Munsiff's Court, Ettumanoor. O.S. No. 329 of 1121, from which A.S. No. 410 of 1965 arises, was filed for specific performance of an agreement to sell the plaint schedule property entered into by the 1st defendant in the suit with the plaintiff. The 1st defendant thereafter gifted the property to his wife, the 2nd defendant, and defendants 1 and 2 sold the property to the 3rd defendant. The prayer in the suit was to compel the 1st defendant to execute a sale deed in favour of the plaintiff on receipt of the amount stipulated to be paid under agreement to sell.

(2.) A.S. No. 409 of 1962 arise from O.S. No. 340 of 1121. That was a suit filed for redemption by the 3rd defendant in OS. No. 329 of 1121 against the plaintiff in that suit on the strength of a possessory mortgage for Rs. 225/-and the result of this suit was mainly dependent upon the suit for specific performance.

(3.) The Trial Court held that time was the essence of the contract and since the plaintiff in OS. No. 329 of 1121 had not paid the amount and demanded execution of the document within the time stipulated under the agreement to sell, the suit was not maintainable. The Trial Court further found that the plaintiff had failed to establish that she had been willing and ready to perform her part of the contract and so was not entitled to specific performance. For both these reasons, the suit was dismissed by the Trial Court. As a consequence, OS. No. 340 of 1121 was decreed by the Trial Court for redemption.