P.K.Balasubramanyan, J. - (1.) Leave granted.
(2.) This appeal is by the defendant The plaintiff-respondent sued for specific performance of an agreement to sell the suit property having an extent of 2000 sq.feet. The price fixed was Rs. 2,500/-. A sum of Rs. 1,000/- was paid as advance. The agreement was entered into on 23.2.1981. The agreement did not fix any date for performance. The plaintiff issued a notice to the defendant on 31.7.1989, more than seven years after the agreement, calling upon the defendant to execute the sale deed on receipt of the balance consideration. The defendant not having responded, the plaintiff filed the suit on 01.11.1990 for specific performance.
(3.) The defendant having denied the claim for specific performance made by the plaintiff and having raised several defences the trial court raised the following issues for trial: (1) Whether the plaintiff had been ready and willing to perform his part of the contract in pursuance of the agreement dated 23rd February, 1981 with respect to the part of the land measuring to 50 x 40 ft. described in paragraph No. 2 of the plaint (2) Whether the plaintiff cancelled the aforesaid agreement to sell the land after receiving a sum of Rs. 3,500/- from the defendant (3) Whether the suit had been filed by the plaintiff within time (4) Relief. ;