JUDGMENT: The defendant in O.S.No.879 of 1983 on the file of the District Munsif, Gudiyatham, is the appellant in the second appeal. The respondents herein are the legal representatives of the plaintiff, who died pending the proceedings.

2. The case of the plaintiff was as follows:

On 30.6.1980 the defendant entered into an agreement with the plaintiff for sale of the suit property for Rs.6,500. On the same day the plaintiff paid a sum of Rs.500 to the defendant as advance. As per the terms of the agreement the defendant was to receive the balance of sale consideration of Rs.6,000 and execute the sale deed in favour of the plaintiff. Though time was fixed as one year, i.e. 30.6.1980 to 29.6.1981 in the contract, the parties intended that the time was not the essence of the contract. If the purchaser failed to pay the amount within the stipulated time, the agreement would get not only cancelled, but the purchaser would also lose the advance and all rights to the property. The plaintiff paid a further sum of Rs.1,000 also to the defendant in the presence of Thiru Ramakrishna and Durai of Senguttai Village in 1981. The plaintiff was always ready and willing to perform her part of the c

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