T R MURUGESAN Vs. S BALAKRISHNAN

JUDGEMENT

(1.) The first defendant in OS No.114 of 2007 on the file of the Principal District Court, Namakkal, who suffered a decree for specific performance, is the appellant.

(2.) The said suit was laid down by the 1st respondent in this appeal seeking specific performance for an agreement sale dated 05.02007. According to the plaintiff, as per the agreement dated 05.02007, the defendants 1 to 3 had agreed to convey an extent of about 14,517 sq.ft. of vacant site to the plaintiff at a consideration of Rs. 135/- per sq.ft. Under the agreement, defendants 1 to 3 had received a sum of Rs. 2,00,000/- as advance on the date of the agreement and a further sum of Rs. 3,00,000/- on 27.02007. The said agreement also provides that the defendants should demarcate the 30 feet wide passage from the main road to reach the property and the defendants should also arrange for the persons, who are having interest over the said passage to sign the sale deed as witnesses. The agreement provides for a period of 60 days for performance and the consequences of non-performance are also set out in the agreement.

(3.) According to the plaintiff, though he made several demands for execution of sale deed, the defendants did not come forward to demarcate the 30 feet passage and evaded execution of sale deed. The plaintiff would contend that he issued a legal notice demanding execution of sale deed on 11.07.2007 and the 1st defendant alone sent a reply on 27.07.2007 admitting execution of the agreement and the receipt of the advance amount, however, the 1st defendant denied that he had agreed to obtain signatures of the other persons having interest in the passage as witnesses in the sale deed that is to be executed. The 1st defendant further claimed that time is the essence of the contract and the plaintiff having failed to pay the balance of sale consideration within the time fixed under the agreement, namely on or before 10.04.2007, the plaintiff has lost his right to enforce the agreement.