V UDAYA KUMAR Vs. L NAVANEETHAMMAL

JUDGEMENT

(1.) The legal heirs of the defendant in O S.No. 116 of 1981 on the file of the First Additional Subordinate Judge, Pondicherry, are the appellants herein.

(2.) The predecessor in title of the respondents herein laid the said suit for specific performance on the basis of the agreement entered into between one Subramaniam, S/o Natesa Pillai - the plaintiff with one Rajeswari - the predecessor in interest of the appellants herein on 20/11/1978. On the date of the agreement, a sum of Rs. 10,000.00 was paid as an advance to the defendant in the suit. Subsequent to the suit agreement, the said Subramaniam, the son of the plaintiff died and hence, the plaintiff filed the suit to enforce the agreement seeking specific performance.

(3.) In the written statement, a plea was raised that the time is essence of the contract and there is no privity of contract between the plaintiff -the father of the said Subramaniam the agreement holder and the defendant and as such, the suit agreement cannot be enforced.