S. RAMACHANDRA IYER, C. J. :- The suit, out of which this appeal arises, was filed by the appellant for specific performance of contract dated 31-01-1958 for the sale of a house, No. 17/25 Raja Street, Coimbatore, which belonged to the first respondent. The price settled was Rs. 23,750, of which Rs. 4000 was paid as advance on the date of the agreement. It was agreed that the sale was to be completed within a period of three months from the date of the agreement, the stipulation in that regard being :

"The party of the first part (first respondent) shall execute and have the sale deed registered within a period of three months from this day. The said period of three months cannot be extended for any reason whatsoever, save by the consent in writing by both the parties".

But nothing, however, happened within the period aforesaid. On 30-04-1958, the last day specified for the performance of the contract, the first respondent sent a telegram to the appellant 'House sale agreement date expires today. Finish sale deed today'. There was no response to this telegram from the appellant. Correspondence, to which we shall have occasion to refer later, followed; each party accusing the