J RAMAKOTESWARA RAO Vs. N KAMALAMMA

JUDGEMENT

(1.) This appeal arises out of a suit filed for specific performance of the contract of sale dated 16.12.1972. The plaintiff stated that the consideration for sale of the property was Rs.13,800/- and an amount of Rs.1,000/- was paid on the date of the agreement and the plaintiff was put in possession of the suit land on 20.12.1972. A further sum of Rs.500/- was paid towards sale consideration and the plaintiff has been ready and willing to perform his part of the contract at all material times but the defendant failed to perform her part of the contract.

(2.) The defendant in her written statement admitted the execution of agreement of sale and the payment of Rs.1,000/- by the plaintiff and further sum of Rs.500/- on 20.12.1972. It was stated that the plaintiff was not ready to perform his part of the contract and on the other hand expressed his inability to perform his part due to want of money.

(3.) Both the Courts on a perusal of the evidence arrived at by the conclusion that the plaintiff was not ready and willing to perform his part of the contract at all material times and in view of the fact that the time was the essence of the contract of sale, the plaintiff was not entitled for specific performance.