VEERASWAMI, J. : This appeal turns on the question whether time is of the essence of an agreement to sell immoveable property. The court below has found it was, and, on a further finding that the appellant defaulted, dismissed his suit for specific performance.

2. Respondents 1 and 2 together owned a land of a total extent of Ac. 3-21 cents comprised in S. No. 1155/2 B in Thiruthangal village. Then predecessor-in-title, one Ulagammal the late wife of the first respondent, mortgaged it on 15-9-1952 in the third respondent securing repayment of Rs. 6000. On 5-3-1959, respondents 1 and 2 entered into an agreement, not reduced to writing, to sell the land to the appellant for Rs. 15106. A sum of Rs. 1006 was paid to them as advance. No time for execution of sale was specified though, according to respondents 1 and 2, it was to be within two or three weeks, and, according to the appellant, within a reasonable time. On 4-4-1959, the appellant paid a further sum of Rs. 2000 to respondents 1 and 2 and on that day an agreement in writing was executed stipulating that the sale was to be executed, before 15-4-1959. The agreement contained a default clause providing that if the appella