S.VIJAYA BABU Vs. T.P.GOVINDARAJAN

JUDGEMENT

(1.) The plaintiff is the appellant in this Second Appeal.

(2.) The case of the plaintiff is that he entered into an agreement of sale with the defendant on 27/8/1999, marked as Ex.A.1. As per the sale agreement, the total sale consideration was fixed at Rs.5,00,000.00 and the plaintiff paid a sum of Rs.1,00,000.00 towards advance. A time limit of 11 months was also fixed under the agreement. Insofar as the obligation that was fixed on the defendant is concerned, he was expected to give the encumbrance certificate for a particular period, pay and settle all the taxes and dues and measure and fix the boundary stones in the property. The 11 month period expired on 26/7/2000. By then, the agreement was extended on 26/6/2000 for a further period of 11 months and a further advance of Rs.1,00,000.00 was paid by the plaintiff to the defendant which is evident from Ex.A.2. The 11 months period that was fixed on 26/6/2000 came to an end on 25/5/2001. However, in the meantime, the second extension took place on 25/4/2001 and the time was extended upto 31/12/2001 and a further advance of Rs.2,00,000.00 was paid by the plaintiff to the defendant. This is evident from Ex.A.3.

(3.) There was one more extension that took place on 15/12/2001 and this was the third extension, whereby the period of agreement was extended for one year and the plaintiff paid a further sum of Rs.75,000.00 to the defendant. This is evident from Ex.A.4. By the time, the agreement was extended on the third occasion, the plaintiff had paid a sum of Rs.4,75,000.00 out of the total sale consideration of Rs.5,00,000.00.