REGENT COMPUTRONICS PVT. LTD.

CHINNAKANNU NAIDU Appellant

V/S

CHINNAPPAN Respondents

Referred Judgements :-

S.S. CHOKKALINGAM V. R.B.S. MANI AND FIVE OTHERS [REFERRED TO]
INDRAVATHI V. KAMALA [REFERRED TO]
GOMATHINAYAGAM PILLAI VS. PALANISWAMI NADAR [REFERRED TO]
GOVIND PRASAD CHATURVEDI VS. HARI DUTT SHASTRI [REFERRED TO]
SANDHYA RANI SARKAR VS. SUDHA RANI DEBI [REFERRED TO]
CHAND RANI VS. KAMAL RANI [REFERRED TO]
SUKHBIRSINGH VS. BRIJ PAL SINGH [REFERRED TO]
K S VIDYANADAM VS. VAIRAVAN [REFERRED TO]
ANIGLASE YOHANNAN VS. RAMLATHA [REFERRED TO]
G CHELLIAH NADAR DIED VS. PERIASAMI NADAR [REFERRED TO]
SEENI AMMAL VS. VEERAYEE AMMAL [REFERRED TO]
VASANTHA VS. M SENGUTTUVAN [REFERRED TO]
RATHINAM CHETTIAR VS. EMBAR NAIDU [REFERRED TO]

JUDGEMENT

(1.) THE defendants are the appellants herein.

(2.) THIS appeal has arisen from the judgment and decree of the learned Subordinate Judge, Poonamallee granting a decree for specific performance in favour of the plaintiff/first respondent.

(3.) THE plaintiff came with Rs. 10,000/- on 26.04.1986 and the second defendant refused to receive the amount as the agreement has already expired. THE plaintiff begged the first defendant to accept the said amount and also further agreed to pay the entire sale consideration within a week or 10 days time and agreed to have the sale deed and only in the said circumstances, the first defendant received the amount without prejudice to the right of the second defendant about her stand that the agreement had already been cancelled. It is not correct to state that the time was not the essence of the contract. THE plaintiff did not keep up his promise made on 26.04.1986 and hence the suit is liable to be dismissed.

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CHINNAKANNU NAIDU Vs. CHINNAPPAN

Referred Judgements :-

JUDGEMENT

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