P.KRISHNAMURTHY Vs. V.BALASUBRAMANIYA IYER

JUDGEMENT

(1.) This First Appeal is directed against the judgment and decree of the Trial court passed in the suit for specific performance. The aggrieved defendant is before this Court as appellant.

(2.) The appellant assails the Trial Court judgment on the ground that though the time was essence of the contract, the Trial Court erred in allowing the suit for specific performance in spite of the plaintiff's failure to prove his ready and willingness within the time prescribed and latches in instituting the suit.

(3.) According to the appellant, in the suit agreement dtd. 09/02/2008, the parties agreed to complete the contract within 2 months. The plaintiff/respondent paid only a part consideration of Rs.6,00,000.00 and failed to pay the balance consideration within two months, hence the defendant/appellant caused notice on 06/10/2008 calling upon the plaintiff/respondent to fulfil his part of contract. The plaintiff/respondent failed to pay the balance consideration. After lapse of 2 years and 10 months from the date of agreement the plaintiff/respondent instituted the suit on 21/12/2010 as if, he was always ready and willing to perform his part of contract. The Court below without proper appreciation of law and facts allowed the suit which is an erroneous conclusion. Hence, the appeal is filed to set aside the judgment and decree dtd. 05/12/2012 passed in O.S.No.26/2010 on the file of District Court, Tiruvarur.