P. KODDANDA RAMAYYA, J.

( 1 ) THE defendant is the appellant. The suit is laid for specific Performance of agreement to sell dated 6-9-1976 executed by the defendant.

( 2 ) THE plaint averments are that under the agreement the house property was agreed to be sold for Rs. 30,000/- and on the date of agreement Rs. 5,000/- was paid and the balance is payable on 31-12-1976. But, however, the time is extended on 2-8-1977 till 1-9-1977 on which date an additional sum of Rs. 9,000/- was paid and the defendant was postponing the execution of the sale deed as he has not paid the instalments due to the building society and obtained the sale deed and he also kept quiet without giving any reply to the suit notice dated 3-7-1980 and hence the suit. The defence is that the time is the essence of the contract. In the first instance it was agreed that the amount should be paid by 31-12-1976 but it was extended with an endorsement on the suit agreement on 2-8-1977 extending the time till 1-9-1977, but even then the plaintiff committed default and the agreement was cancelled by notice dated 2-9-1977, Ex. B-4, but the time was however extended under Ex. B-8 notice issued by the defendant on 1-11-1977

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