M RANGANATHAN Vs. M THULASI NAICKER

JUDGEMENT

(1.) THIS Second Appeal is directed against the judgment dated 15.07.1999 in A.S.No.41 of 1998 on the file of District Court, Vellore, reversing the judgment of trial court dated 25.09.1998 in O.S.No.313 of 1993 on the file of Sub-Court, Ranipet, and thereby, dismissing Plaintiff's suit for specific performance. Unsuccessful Plaintiff is the Appellant.

(2.) THE Plaintiff and Defendant are brothers. THEre is no dispute that Defendant entered into an agreement of sale (Ex.A1) agreeing to sell the suit property to the Plaintiff for a consideration of Rs.1,75,000/- On 07.12.1991, the Defendant had received a sum of Rs.10,000/- as advance. Execution of Ex.A1-Sale Agreement and receiving of Rs.10,000/- as advance are admitted.

(3.) ON the above pleadings, relevant issues were framed. The trial court held that the time was not the essence of contract and Plaintiff was always ready and willing to perform his part of the contract. The Trial court rejected the defence plea that there was Panchayat on 13.01.1993 and the Defendant returned the advance amount to the Plaintiff. ON those findings, the trial court decreed the suit for specific performance.