Reciprocal promises - as per agreement the defendant ought to measure the 30 feet pathway and getting signatures from interested persons - thereafter only payment of balance sale consideration arise - fault on the side of defendant - specific Performance decreed.

Citation

2018-4-L.W. 892

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on 14.08.2018

Delivered on 11.09.2018

A.S. No. 588 of 2011 and MP No.1 of 2011

K.K.Sasidharan, J., and R.Subramanian, J.

T.R.Murugesan ... Appellant

Vs

S. Balakrishnan & others ...Respondents

Specific relief act (1963), Section 16Contract act, Section 52, Reciprocal promises, discharge of, when, scopesuit for specific performance, alternative relief of refund - Ready and willing - proof whether parties intended time to be essence of the agreement 

Whether defendants guilty of non-performance of reciprocal promise - whether entitled to alternative relief Para 15

Agreement imposes two obligations on the defendants - It does not provide for the order in which these promises are to be performed - To look to section 52 to decide order in which promises are to be performed Para 20

Suit filed almost 3 months after the issuance of the reply notice Para 22

Agreement says balance of sale consideration to be made on or before a particular date - No provision for extension of the time fixed under the - It shows time fixed agreement essence of the contract as Para 27