Srinivasan, J.

1. This revision petition is filed by the legal representative of the defendant in the suit O.S. No. 1798 of 1974 on the file of the Fifth Assistant Judge, City Civil Court, Madras against an order dismissing an application under section 28 of the Specific Relief Act, to rescind the contract. The suit was filed by the respondent, herein for specific performance of an agreement dated 29.11.1973. Under the agreement the consideration agreed was Rs. 12,300, out of which a sum of Rs. 500 was paid in advance. It was agreed that the respondent should discharge the mortgage over the property executed by the vendor, the father of the present petitioner. It was further agreed that the transaction should be completed within three months from the date of the agreement and that after discharging the mortgage and paying certain taxes, the balance should be paid before the Sub Registrar at the time of registration of the sale deed.

2. The respondent averred in the suit that in spite of her notice before the suit, the defendant was not willing to perform his part of the contract and consequently the filing of the suit was necessitated.

3. The trial Court held that the respondent