INDRAVANTHI Vs. KAMALA

JUDGEMENT

(1.) This appeal has been filed against a decree for specific performance.

(2.) According to the plaint, there was an agreement dated 8-11-79 between the plaintiff and the defendant to sell the suit property at 28, Hanumantharoyal Kovil Street, Chennai-3 for a consideration of Rs. 1,00,000/-. The agreement is Ex. A. 1. As per clause 2 of the said agreement, Rs. 10,000/- was paid and received on the same date and the plaintiff agreed to pay a sum of Rs. 10,000/- on 15-11-79 and Rs. 20,000/- on 15-12-1979 and the balance of Rs. 60,000/- at the time of registration. It was stipulated that time was essence of the contract and that the sale shall be completed within three months of the said date i.e. on or before 31-1-80. The plaintiff offered Rs. 10,000/- on 15-11-89 to the defendant's counsel but thereafter the defendant refused to receive any amount and Rs. 10,000/- was also returned by the defendant's counsel. On 13-12-79, the plaintiff wrote a letter to the defendant offering to pay the amount. The defendant replied admitting the transaction but requesting for a copy of agreement for sale. On 23-1-80, the plaintiff sent the suit notice to which a reply was sent by the defendant containing untenable averments. The plaintiff thereupon also sent the rejoinder. Plaintiff therefore filed the suit for specific performance. Since in spite of repeated demands and reminders, the defendant refused to register the sale deed.

(3.) According to the defendant, plaintiff did not pay the second and the third instalments and the tender of Rs. 10,000/- to the counsel for the defendant was not a proper tender since the counsel was not authorised to receive the amount. The plaintiff never had sufficient money nor did she take any action to purchase the property. Plaintiff had no money to pay the second and the third instalments and had obviously abandoned the agreement. Since the plaintiff had not paid the second and the third instalments, there was neither readiness nor willingness on her part and hence she was not entitled to specific performance.