IMPORTANT POINT
To prove himself ready and willing, a purchaser need not necessarily to produce money or to vouch a concluded scheme for financing transaction.

P. Velmurugan, J.—The plaintiff in O.S. No. 3 of 2008 on the file of the learned Additional District Court (Fast Track Court No. I) Thoothukudi is the appellant in the above appeal. The appellant/plaintiff filed the suit in O.S. No. 3 of 2008 for specific performance in respect of the sale agreement dated 09.02.2007 directing the respondent/ defendant to execute a sale deed in favour of the appellant/plaintiff with respect to the plaint schedule property after receiving the balance sale consideration of Rs. 10,90,000/- (Rupees ten lakhs and ninety thousand only) within the time stipulated by the Court and in default the sale deed may be executed by this Court on behalf of the respondent/defendant and at the cost of the appellant/plaintiff. The said suit was dismissed by the Trial Court vide judgment and decree dated 02.09.2010. Being aggrieved by the judgment and decree of the Trial Court, the appellant/plaintiff has filed the above appeal.

2. The case of the appellant/plaintiff is as follows:

The suit property belongs to the respondent/defendant. The appellant/ plaintiff and the respondent/defendant entered into a sale agreement on 09.02.2007 and the total sale consideration was fixed at Rs.29,90,000/- (Rupees Twenty nine lakhs ninety thousand only). A sum of Rs.5,00,000/- (Rupees Five Lakhs only) was paid as advance towards sale consideration on the date of the agreement. Three months of time was given to complete the sale by paying the balance sale consideration. As per the sale agreement, the defendant/ respondent has to clear the encumbrances in the property, within 3 months and to execute the sale deed. When the appellant/ plaintiff was ready to perform his part of the contract, the respondent/defendant informed that he will clear all the debt within 15 days and ready to perform his part of the contract the respondent/ defendant informed the appellant/plaintiff that the original sale deed was deposited in Tamil Nadu Mercantile bank as equitable mortgage and obtained loan from the said bank. Further, the respondent/defendant informed that he will clear all the debt within 15 days and ready to perform his part of the contract within the time prescribed in the agreement. Believing the same, the appellant/plaintiff paid part of the sale consideration to the respondent/defendant and the payment particulars are mentioned below:

1. On 21.06.2007, the appellant/plaintiff paid as sum of Rs. 5,00,000/-

2. On 05.07.2007, the appellant/plaintiff paid a sum of Rs. 1,00,000/-

3. On 26.07.2007, the appellant/plaintiff paid as sum of Rs. 4,00,000/-

4. On 24.08.2007, the appellant/plaintiff paid as sum of Rs. 2,00,000/-

5. On 30.08.2017, the appellant/plaintiff paid as sum of Rs. 2,00,000/-

All the above said payment totalling Rs.14,00,000/- (Rupees Fourteen lakhs) has been acknowledged by the respondent/ defendant on the back side of the sale agreement dated 09.02.2007. From the above, the conduct of the respondent thereby receiving the amount even after the expiry of the contract, would go to show that time is not essence of the contract. The appellant/plaintiff was always ready and willing to perform his part of the contract and when he requested the respondent/ defendant to execute the sale deed several times, the respondent/defendant evading to execute the sale deed under some pretext or other. Further, the respondent/ defendant in order to escape from the clutches of law, sent a legal notice to the appellant/plaintiff stating that he terminated the sale agreement dated 09.02.2007. Hence, the appellant/plaintiff filed the above suit for the relief as stated earlier.

3. The case of the respondent/defendant is as follows:

The respondent/defendant admitted the sale agreement dated 09.02.2007 and also the total sale consideration of Rs. 29,90,000/-. He further submitted in the written statement that the suit schedule property is worth Rs. 1,00,00,000/- and in order to settle family debt, the respondent/defendant accepted fo