SEERANGAN Vs. CHINNANNA GOUNDER

JUDGEMENT

(1.) THIS Appeal has been preferred against the Decree and Judgment passed in O.S.No.97 of 1986 on the file of the Sub-Court, Sangagiri.

(2.) THE averments in the plaint sans irrelevant particulars are as follows:

(3.) IT was agreed upon between the parties under the sale agreement that in case if the plaintiff fails to pay the balance of sale consideration before the dates agreed upon between the parties as indicated above, the plaintiff has to forego the advance amount paid by him and there is another default clause incorporated under Ex.A.1 as to in case of failure of the defendants, the plaintiff is entitled to get back the sale deed registered by paying the balance of the sale consideration. Ex.A.2 is an endorsement on the back of the Ex.A.1 at page 2 and 3, to the effect that the plaintiff had paid Rs.35,000/- towards part of the sale consideration on 10.06.1985. But as per the terms of Ex.A.1 sale consideration, the said part of sale consideration of Rs.35,000/- ought to have been paid on or before itfhrp-20, pjkpH MzL Fnuhjdh corresponding to the English calendar June 2, 1985. But Ex.A.2 endorsement shows that the payment was received even after the stipulated date of June 2, 1985. So, the contention of the plaintiff that the plaintiff has not failed to perform his part of the contract before the time stipulated under the agreement holds no water because if the parties would have thought that the time is essence of contract under the agreement, the defendants would not have received the payment of Rs.35,000/- towards part of the sale consideration by the plaintiff after the expiry of the time stipulated under Ex.A.1-Sale Agreement i.e. on 10.6.1985.