The Judgment was delivered by :

This appeal has been filed against a decree for specific performance.

2. According to the plaint, there was an agreement dated 8-11-79 between the plaintiff and the defendant to sell the suit property at 28, Hanumantharoyal Kovil Street, Chennai-3 for a consideration of Rs. 1,00,000/-. The agreement is Ex. A. 1. As per clause 2 of the said agreement, Rs. 10,000/- was paid and received on the same date and the plaintiff agreed to pay a sum of Rs. 10,000/- on 15-11-79 and Rs. 20,000/- on 15-12-1979 and the balance of Rs. 60,000/- at the time of registration. It was stipulated that time was essence of the contract and that the sale shall be completed within three months of the said date i.e. on or before 31-1-80. The plaintiff offered Rs. 10,000/- on 15-11-89 to the defendant's counsel but thereafter the defendant refused to receive any amount and Rs. 10,000/- was also returned by the defendant's counsel. On 13-12-79, the plaintiff wrote a letter to the defendant offering to pay the amount. The defendant replied admitting the transaction but requesting for a copy of agreement for sale. On 23-1-80, the plaintiff sent the suit notice to which a