- (1.) This appeal is directed against the judgment and decree passed by the First Appellate Court in A.S.No.22 of 1999 dated 30.11.2000 in setting aside the judgment and decree passed by the trial Court in O.S.No.259 of 1992 dated 31.8.1998 in decreeing the suit for specific performance.
(2.) The appellant is the plaintiff and the respondent is the defendant.
(3.) The case of the plaintiff in brief before the trial Court are as follows: The defendant is the owner of the suit property. The defendant agreed to sell her property to the plaintiff for a sale consideration of Rs.40,000/-. The plaintiff agreed to purchase the same from the defendant. An agreement for sale was executed by the defendant in favour of the plaintiff on 7.3.1988. On the date of execution of the agreement of sale, the defendant received the entire sale amount from the plaintiff. Plaintiff was willing to perform the agreement on his part whereas the defendant wantonly avoiding to perform the sale in favour of the plaintiff. The time is not the essence of contract. In pursuance of the said agreement, the defendant delivered the property to the plaintiff. The plaintiff received the rents from the tenants. The plaintiff requested the defendant to execute the sale in favour of the plaintiff whereas the defendant has been postponing the same by stating some other reasons. As per the terms of contract, the defendant is liable to execute the sale in favour of the plaintiff. Under these circumstances, the plaintiff issued a notice to the defendant on 5.2.89. The defendant also sent a reply on 12.2.89. The suit was filed against the defendant directing the defendant to execute the sale deed covering the suit property in favour of the plaintiff within a stipulated time.;