(1.) 1.(Prayer: Appeal suit filed under Section 96 of the Civil Procedure Code, against the judgment and decree dated 25.09.2000 made in O.S.No.980 of 1995 on the file of IV Additional Sub Judge, Coimbatore.)The appellant/defendant has preferred this appeal as against the Judgment and Decree dated 25.09.2000 in O.S. No.980 of 1995 on the file of Learned IV Additional Sub-Court, Coimbatore.
(2.) THE necessary germane facts of the respondents/plaintiff's case are as follows:"THE plaint schedule properties absolutely belongs to the appellant/defendant by virtue of registered settlement deed dated 04.02.1959 bearing document No.165 of 1959. THE 5 acres and 39 cents, being the extent of properties is situated in Kuniamuthur village, Coimbatore South Taluk in Coimbatore District which runs as follows:1. S.F.No.212/2 : Dry AC 1.012. S.F.No.212/1 : Dry AC 0.503. S.F.No.213/1 : Dry AC 0.304. S.F.No.213/3 : Dry AC 1.345. S.F.No.215/3 : Dry AC 0.456. S.F.No.693/2 : Dry AC 1.797. S.F.No.214 : 0.90 in this Southern half AC 0.45 ----------- Total AC 5.39 -----------
(3.) EVEN though the agreements satisfied the time as 18 months, it was never agreed upon that, time was the essence of contract. The respondents/plaintiff's were always ready and willing to perform their part of the contract as per agreements but the appellant/defendant all of a sudden issued a notice dated 29.07.1993 to them individually purporting to cancel the agreements of sale as if they had failed to fulfill their part of the contract. The respondents/plaintiffs' issued replies dated 03.08.1993 and also send a telegram explaining the facts and the evidence that transpired between the parties inter-alia bringing to the notice of the appellant/defendant that an extent of 1 acre and 89 cents of agricultural land under the agreement had been purchased as per six separate sale deeds and the readiness and willingness to purchase the balance on 05.08.1993. The second respondent/second plaintiff made it clear that he was always ready and willing to perform his part of the contract. The first respondent/first plaintiff also send a reply and issued a telegram expressing her readiness and willingness to perform her part of the contract which was depending upon the completion and performance of the sale agreement between the second respondent/second plaintiff and the appellant/defendant.
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