AMMASAI GOUNDER Vs. PAVAYAMMAL

JUDGEMENT

(1.) This Second Appeal has been filed against the concurrent findings of the courts below. The plaintiff is the Appellant in this Second Appeal. The plaintiff filed O.S. No.89 of 1995 before the Sub Court, Gobichettipalayam, which was re-numbered as O.S. No.534 of 2004, against the respondent K.C. Nachimuthu Gounder, who is the defendant in the suit seeking specific performance of an agreement of sale dated 23.04.1992. The said agreement of sale was entered into between K.C. Nachimuthu Gounder (defendant) as the seller and V.R. Venkatachalam, E.P. Kamalam and Ammasai Gounder, S/o. Sankara Gounder as purchasers. Subsequent to the agreement of sale dated 23.04.1992, the Appellant entered into an agreement of sale dated 14.09.1994 with V.R. Venkatachala Gounder, E.P. Kamalam and Ammsaai Gounder, S/o. Sankara Gounder for the purchase of the said property.

(2.) The Appellant filed O.S. No.89 of 1995 before the Sub Court, Gobichettipalayam, which was re-numbered as O.S. No.534 of 2004 against K.C. Nachimuthu Gounder seeking specific performance of the agreement of sale dated 23.04.1992 and sought permission of the Court to permit him to pay the balance sale price of Rs.1,200/- and to direct the defendant (K.C. Nachimuthu Gounder) to receive the same and to execute a registered sale deed in his favour and on failure to comply with the said direction, he sought for a direction requesting the Court to execute a sale deed in his favour

(3.) A written statement was filed by the defendant in the suit stating that he agreed to sell the property under the agreement for sale dated 23.04.1992 only to Venkatachala Gounder, E.P. Kamalam and another Ammasai Gounder and not to the Appellant. According to the defendant K.C.Nachimuthu Gounder, time was the essence of the agreement for sale, dated 23.04.1992 and according to him, the balance sale price of Rs.1,200/-, out of the total sale consideration of Rs.40,200/- was not paid by Venkatachala Gounder, E.P. Kamalam and Ammasai Gounder in accordance with the terms of the contract.