JUDGMENT :

Aggrieved over the judgment and decree of the Trial Court in the suit filed for specific performance, the present appeal came to be filed.

2. For the sake of convenience, the parties are referred to herein, as per their ranking before the Trial Court.

3. The brief facts leading to the filing of the suit are as follows:

The first defendant is the owner of the suit property. The second defendant is his brother. The first defendant has agreed to sell the vacant house site for a sale consideration of Rs.9,00,000/- [Rupees Nine Lakhs only] and executed a sale agreement in favour of the plaintiff on 20.07.2005 and received Rs.1,00,000/- as advance on the same day. It is agreed between the parties that the sale consideration was fixed at Rs.300/- per square feet and for total extent of 3000 square feet, Rs.9,00,000/- [Rupees Nine Lakhs only] was arrived by the parties. The first defendant has agreed to measure the suit property with the help of a Surveyor and complete the sale transaction, within a period of six months, which is the essence of contract. He has also agreed to receive the balance sale consideration to the actual extent available as per the measurement. The plaintiff is always ready and willing to pay the balance sale consideration and complete the sale transaction, but, despite the attempts made by the plaintiff, the first defendant has not taken any steps to complete the sale transaction as agreed. Therefore, the plaintiff issued a legal notice dated 25.07.2006. The first defendant has managed to return the same. In fact, the plaintiff has expressed her willingness to pay the balance sale consideration and complete the sale transaction on 08.01.2006 and 14.01.2006 through her husband. In addition to that, it was also informed to the first defendant's brother, by name Krishnan, the second defendant in person. Further, the plaintiff has also informed her willingness to complete the sale transaction through fax to the first defendant. The first defendant has informed the plaintiff that he will come out to India in June or July, 2006 and he will execute the sale deed. Despite the fact, the first defendant came out to India only on 20.07.2006 and he has not come forward to receive the balance sale consideration and complete the sale transaction. Therefore, the plaintiff has again issued a legal notice to the mother of the defendants and the second defendant on 12.09.2006, which was refused to receive by them. The plaintiff is always ready and willing to perform her part of contract. Hence, the suit.

4. The second defendant filed a written statement on his behalf and also on behalf of the first defendant. It is the contention that as per the agreement, the plaintiff ought to have paid the balance sale consideration of Rs.8,00,000/-, within six months from the date of agreement. The time is essence of contract. Only in view of urgency of the matter, the first defendant initially agreed for selling of the property and might have entered into the sale agreement. But, within the time mentioned in the agreement, the plaintiff has not paid the balance sale consideration and dragged on the matter to the maximum extent. The plaintiff is aware that the first defendant will leave the country and purposely, has not completed the transaction, within the time mentioned in the sale agreement. The other allegation with regard to the measurement, etc., is denied by the second defendant. Whenever this defendant approached the plaintiff, the plaintiff told this defendant that the plaintiff will approach the first defendant directly and this defendant need not say anything regarding the sale agreement. The allegation as to the information to the first defendant is bereft of particulars. The place and time is not mentioned in the plaint and this defendant is not aware of the so called notice said to have been issued by the plaintiff. The plaintiff, only after verifying the fact that the first defendant has left India, might have issued t