S.PALANIVELU,J.

1. The following are the averments contained in the plaint:

The defendant is absolute owner of the suit property. He entered into an agreement of sale with respect to his property with plaintiff on 22.5.2001 and the same was reduced to writing. The sale consideration was fixed at Rs.15 lakhs and a sum of Rs.11 lakhs was paid to the defendant as advance by the plaintiff, which was received on the same date. Time is not the essence of contract, even though six months time was fixed for the performance of the contract. The defendant had already mortgaged the suit property with the Big Kancheepuram Co-operative Town Bank Limited and he had agreed to discharge the same within six months, but he did not do so. The plaintiff had been ready and willing to perform his part of contract. The defendant was evading to execute the sale deed and has not chosen to discharge the mortgage debt in favour of the Bank. On 25.2.2004, he sent a lawyers notice calling upon the defendant to execute the sale deed on receipt of the balance of Rs.4 lakhs. He sent a reply to notice on 01.03.2004 with false and defamatory allegations. Hence, this suit is filed for specific performance