V. MANI Vs. M.M. RAMASAMY

JUDGEMENT

(1.) DEFENDANTS , who suffered a decree in a suit for specific performance, have projected this instant appeal against the judgment and decree dated 24.12.2008 passed by the Additional District Judge, Fast Tract Court No. IV, Coimbatore at Tiruppur in O.S. No. 405 of 2006.

(2.) THE necessary summation of the case of respondent / plaintiff are as follows:

(3.) RESISTING the suit, the first defendant filed a written statement which was adopted by the other defendants, wherein the execution of the agreement dated 12.11.2005 is admitted. The contents of the agreement are also not disputed. According to the defendants, the plaintiff did not come forward to pay the balance of amount and get the sale executed. The defendants contended that the time was the essence of the contract and the delay in filing the suit was only to gain time to mobilize funds for paying the the sale consideration to the defendants. The defendants further contended that the plaintiff has come forward with a suit in view of the escalation of the price of the suit properties. The plaintiff having failed to deposit the balance of the sale consideration at the time of filing of the suit for specific performance of the contract, the defendants alleged that there is no bona fide in his claim. Hence, prayed for dismissal of the suit.