K S SUNDARAMAYYAR Vs. K JAGADEESAN

JUDGEMENT

(1.) THE suit, out of which this appeal arises, was filed by the appellant for specific performance of contract dated 31-1-1958 for the sale of a house, No. 17/25 Raja street, Coimbatore, which belonged to the first respondent. The price settled was rs. 23,750, of which Rs. 4000 was paid as advance on the date of the agreement. It was agreed that the sale was to be completed within a period of three months from the date of the agreement, the stipulation in that regard being:

(2.) THE substantial defence to the action was two-fold: (1) Time was the essence of the contract and as the appellant did not perform his part of the contract within the time, stipulated by tendering the balance of the purchase money and giving the draft sale deed, there was no obligation on the part of the first respondent to abide by the terms of the contract. (2) The appellant not having been continuously ready and willing to perform the contract, he could not obtain relief by way of specific performance.

(3.) THE learned Subordinate Judge found that, notwithstanding the specific terms of the contract, time could not be considered as its essence, but that in as much the appellant had himself committed a breach of the contract, the first respondent having been at all times ready and willing to perform the same, his claim should fail.