K C BHASKAR Vs. R SIVA

JUDGEMENT

(1.) The appellant, who is the defendant in the suit filed this Second Appeal against the Judgment and decree dated 09.12.2003 made in A.S.No.75 of 2003 on the file of Principal District Court, Vellore confirming the judgment and decree dated 27.06.2003 made in O.S.No.1 of 1996 on the file of Subordinate Court, Ranipet, Vellore District.

(2.) For the sake of convenience, the defendant in the original suit referred as appellant and the plaintiff in the original suit referred as respondent hereafter.

(3.) The respondent/plaintiff filed a suit for specific performance of contract dated 16.12.1992. Briefly the case of the respondent is that the appellant is absolute owner of the suit property. On 16.12.1992, the appellant agreed to sell the suit property to the respondent for a total sale consideration of Rs.79,729/- and after receipt of entire sale consideration, executed an agreement of sale in favour of the respondent. Both sides agreed that time is not essence of contract. The respondent has demanding the appellant to execute the sale deed from 1st week of January 1993, but the appellant evaded to execute the sale deed. Therefore, the respondent issued a legal notice on 09.08.1995 and the appellant received the same but the appellant has not discharged his contractual applications. Hence, filed the suit for specific performance to execute the sale deed in favour of the respondent in respect of the suit property as per agreement of sale dated 16.12.1992.