T. Palanisamy – Appellant
Versus
M. Varadarajan – Respondent
JUDGMENT :
G. JAYACHANDRAN, J.
Prayer: Appeal Suit has been filed under Section 96 of the Civil Procedure Code against the judgment and decree dated 16.07.2014 passed in O.S. No. 587 of 2011 by the learned III Additional District and Sessions Judge, Coimbatore.
1. Appeal suit is preferred by the unsuccessful plaintiff who laid the suit for specific performance.
2. According to the plaintiff, he entered into a sale agreement with the defendant in respect of the suit property on 25.09.2008 for a total sale consideration of Rs. 16,00,000/- and advanced Rs. 2,00,000/-. As per the unregistered written sale agreement, the parties have agreed to complete the sale transaction within a period of three months from the date of the agreement. However, time was not essence of the contract. When the plaintiff expressed his readiness to complete the contract and sought for the original documents and encumbrance certificate, the defendant delayed and denied the production of the original documents and the encumbrance certificate. He was postponing the registration under some pretext or another. Therefore, the plaintiff issued a notice on 18.12.2008 before the expiry of the three months period. Calling
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