KUPPAN Vs. MUTHUSAMY

JUDGEMENT

(1.) The second appeal is filed by the plaintiff, being aggrieved by the judgment and decree of the first appellate Court, reversing the judgment and decree of the trial Court by allowing the suit for Specific Performance.

(2.) The brief facts of the case are as below:- As per the plaint, the plaintiff and the 1st defendant entered into a sale agreement on 10/07/2001 in respect of the suit schedule property to an extent of 2.50 acres agricultural land in S.Nos.130/5 and 139/1 at Sungakarampalayam Village, Bhavanisagar Panchayat Union, Sathyamangalam Taluk. As per the sale agreement, the sale consideration was fixed as Rs.55,000/- and advance of Rs.35,000/- received by defendants. 15 months time was fixed for completion of contract. In the said sale agreement, the parties have specifically agreed that if the purchaser fails to pay the balance sale consideration of Rs.20,000/- within the period of 15 months, the money advanced will be forfeited. Contrarily, if the vendor refuse to execute the sale deed, despite the purchaser is ready to pay the balance sale consideration, the purchaser will have the right of enforcing the agreement through the Court.

(3.) Within 15 months time the agreement not got concluded. The purchaser/plaintiff issued a notice dated 31.01.2003 to the vendor/defendant calling upon him to execute the sale deed expressing his ready and willingness to perform his part of agreement to pay the balance amount. The notice was received by the vendor/1st defendant on the next day and he caused reply notice dated 03.02.2003 refuting the agreement stating that time was essence of the agreement, since the purchaser has failed to pay the balance amount within the time prescribed, he has forfeited the advance money and also the right to enforce the agreement.