(1.) SUIT is for Specific Performance of a sale agreement dated 31.3.1999. The brief facts involved are as follows. The plaintiff is an Educational Trust, established under the Registered Deed of Declaration dated 4.4.1975 executed by one Sevaliar T. Thomas, a Philanthrophist. Therefore, the trust was named after him as "Sevaliar T. Thomas T. Educational trust". The main object of the Trust was to establish educational institutions and various properties were vested with the Trust and 8 trustees were named.
(2.) IN the year 1999, one Mrs.Elizebeth Thomas was the Managing Trustee cum Secretary and correspondent of the Trust. The defendant, M/s Union Carbide Employees Co -operative House Building Society Ltd., represented by the then President, agreed to sell an extent of 13 grounds and 1852 sq.ft of land in S.No. 57/1 at Kodungaiyur village at Thandiarpet to the plaintiff Trust for establishing a School.
(3.) ON taking possession, the plaintiff Trust put up a temporary construction and they have been running a school from June 1999. Though the balance amount has to be paid in 12 months, it was specifically agreed that the period of agreement will be extended and therefore, time was not the essence of the contract.