GOVINDAPPA NAIDU Vs. C SIDDA CHETTY

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment of a learned Judge of this Court in A.S.No.430 of 1983 dated 17.07.1996.

(2.) Plaintiff is the appellant herein. The averments of the plaint in brief are that on 19.10.1978 the plaintiff and one Oothappan @ C.K.Chennappa Chetty entered into an agreement of sale in respect of the suit property for a sum of Rs.32,000/-, and on the same date the said Chennappa Chetty received a sum of Rs.1000/- as advance amount from the plaintiff, as it was agreed between the parties that the balance of the sale price should be paid by the plaintiff before the Sub Registrar at the time of execution of the deed of sale within a period of six months.

(3.) On 20.11.1978, Chennappa Chetty received a further sum of Rs.4000/- and made necessary endorsement for the receipt of the same in the deed of agreement of sale. According to the plaintiff, he offered to pay the balance of sale consideration and requested Chennappa Chetty to execute the deed of sale, but Chennappa Chetty was postponing the same and he was demanding more money. The case of plaintiff is that Chennappa Chetty demanded the plaintiff a further sum of Rs.5000/-, more than the agreed sale price. On 31.10.1979, the said Chennappa Chetty demanded a sum of Rs.1000/- urgently towards the sale price and the plaintiff paid a sum of Rs.300/- only. It is the case of the plaintiff that he was ready and willing to perform his part of the contract but Chennappa Chetty was postponing the same under one pretext or other.