T. PALANISAMY Vs. M. VARADARAJAN

JUDGEMENT

(1.) Appeal suit is preferred by the unsuccessful plaintiff who laid the suit for specific performance.

(2.) According to the plaintiff, he entered into a sale agreement with the defendant in respect of the suit property on 25/9/2008 for a total sale consideration of Rs.16,00,000.00 and advanced Rs.2,00,000.00. As per the unregistered written sale agreement, the parties have agreed to complete the sale transaction within a period of three months from the date of the agreement. However, time was not essence of the contract. When the plaintiff expressed his readiness to complete the contract and sought for the original documents and encumbrance certificate, the defendant delayed and denied the production of the original documents and the encumbrance certificate. He was postponing the registration under some pretext or another. Therefore, the plaintiff issued a notice on 18/12/2008 before the expiry of the three months period. Calling upon to honour the agreement, the defendant receive the notice but gave a belated reply on 23/12/2008 with false averments and therefore, the suit was filed for specific performance to enforce the terms of the contract dtd. 25/9/2008.

(3.) The plaintiff had specifically contended that he has always been ready and willing to perform his part of contract and breach is caused only by the defendant, who has not come forward to execute the sale deed receiving the balance sale consideration.