O M MUTHUSWAMY Vs. V R ARUNACHALAM CHETTIAR

JUDGEMENT

(1.) IN these two appeals the parties are same. The defendant is the appellant in both the appeal A.S.No.1982 of 1982 is against the judgment and decree in O.S.No.1547 of 1978 on the file of the Sub Court, Erode, and A.S.No.225 of 1981 is against the judgment and decree in O.S.No.13 of 1978 on the file of the Sub Court, Erode. Both the suits were tried together and a common judgment was rendered in both the suits on 10.3.1980.

(2.) O.S.No.547 of 1978 is for possession of the suit properticsof l0.32 acres of nanja lands. O.S.No.l3 of 1978 is for recovery of Rs. 10,416.66 towards past mesne profits in relation to the same suit property for the period from 10.12.1976 till the date of suit, viz., 18.1.1978 with interest and for future mesne profits till date of realisation.

(3.) THE plea of the defendant is as follows: THE defendant was always ready and willing to perform his part of the contract and he has not committed breach of contract. Several other persons were setting up title in themselves over the suit property and so the plaintiff should satisfy that he is the sole owner of the suit property. THE parties did not treat the time as the essence of the contract. After the receipt of notice from the plaintiff, the defendant met the plaintiff and informed him of the claim made by certain other persons and the plaintiff promised to look into the matter and set it right and so the defendant did not commit default. THE plaintiff is not entitled to unilaterally cancel the contract and seek possession.