B SOUNDARARAJ REDDY Vs. P CHANDRASEKAR REDDY

JUDGEMENT

(1.) THIS appeal has been directed against the decree and judgment in O.s.No.37 of 1996 on the file of the Court of Principal Subordinate Judge, Chengalpattu. The defendant in the suit is the appellant herein.

(2.) THE averments in the plaint sans irrelevant particulars are as follows:- THE defendant has agreed to sell the plaint schedule property measuring 17 acres 28 cents in Seekanankuppam Village, Cheyyur Taluk, in favour of the plaintiff on 21.09.1995 at the rate of Rs.21,000/- per acre and received an advance of Rs.1 lakh and executed an agreement to sell the property in favour of the plaintiff on the same day. THE defendant has represented that Items 1 to 8 were allotted to him in a partition in the family and Item Nos.9 to 12 were purchased by him. THE defendant has executed the suit agreement in the capacity as joint family manager consisting himself and other members of the joint family and he sued in such capacity also. THE defendant had executed the suit agreement of sale in the capaity of de-jure as joint family manager. THE time stipulated under the sale agreement is six months from the date of agreement. Though the time has not been agreed to be the essence of contract, the plaintiff has been tendering the balance of sale consideration to the defendant and demanding specific performance. THE defendant has been evading from the date of agreement and the plaintiff was always ready and willing to perform his part of the contract ie., to pay the entire balance of sale consideration and to take the sale deed at his expenses and to register the same. THE plaintiff had sent a telegram on 18.03.1996 demanding specific performance. But there is no reply. Hence, the suit.

(3.) THE point for determination in this appeal are as follows:- 1) Whether the suit as framed is maintainable? 2) Whether the time was considered to be the essence of contract by the parties? 3) Whether the decree and judgment in O.S.No.37 of 1996 on the file of the Principal Subordinate Judge, Chengalpattu, is liable to be set aside for the reasons stated in the memorandum of appeal?