G GOPALA CHETTIAR Vs. N GIRIAPPA GOWDER

JUDGEMENT

(1.) THE appeal has been filed by the plaintiff before the learned Subordinate Judge and the cross-objections have been filed by the defendant. The suit arises out of an agreement for sale of the plaintiff's land situate in Mysore State for a sum of rs. 71,000/ -. Under Ex. B-1, dated 19-10-1960, the defendant paid a sum of rupees 10,000/- and on 26-10-1960, the parties entered into a formal agreement ex. A-1, Clauses 3, 4 and 5 are as follows:

(2.) ON 27-10-1960, under Ex. B-2, the defendant paid a further sum of Rs. 5,000. We may trace the subsequent correspondent briefly. Under Ex-B-13, dated 25-11961, the defendant sent to the plaintiff a draft sale deed. The plaintiff acknowledged it under Ex. B-14, dated 26-1-1961. Under Ex. B-15, dated 31-11961, the plaintiff modified the draft sent by the defendant and sent his own draft, that has been marked as Ex. B-25.

(3.) THE defendant did not approve of it and sent a draft, Ex. B-26, making some modifications to Ex. B-25, with his covering letter, Ex. B-16, dated 6-2-1961. The points of difference which arose between the parties as a result of this and the subsequent correspondence may be formulated thus: