LAWS(MAD)-2018-6-253

A ASWINSOLOMON Vs. R KAVIRAJ

Decided On June 18, 2018
A Aswinsolomon Appellant
V/S
R Kaviraj Respondents

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff in the suit filed for specific performance.

(2.) An agreement was entered into between the parties under Ex.P1 dated 06.09.2007. As per the aforesaid agreement, the total sale consideration was for a sum of Rs.36,50,000/-, of which, the appellant has paid a sum of Rs.6,50,000/-. Clause 11 of the agreement says that the sale shall be completed within seven days on the day of fully demolished condition of schedule mentioned property which in turn has to be done by the respondent within three months. Thus the aforesaid clause makes it clear that the time is the essence of the agreement.

(3.) The appellant issued a notice Ex.P2 dated 30.11.2007 asking the respondent to execute the deed of sale by performing his part of the contract. Ex.P5 is the letter issued by the respondent dated 23.01.2008, by which, it has been clearly stated that the agreement stands cancelled and the advance is returned. Another reply was sent by way of telegram by the respondent to the plaintiff viz., appellant on 26.01.2008.