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4.1.On 12.01.1995, the Plaintiff and Defendant entered into a sale
agreement in respect of the suit properties. The Defendant agreed to sell the
suit properties for sale consideration of Rs.21,200/- and the entire sale
consideration was paid by the Plaintiff to the Defendant. The Defendant
had handed over the possession of the suit properties to the Plaintiff. From
12.01.1995, based on the sale agreement, the Plaintiff is in possession and
enjoyment of the suit properties. He is cultivating the suit properties and
paying revenue tax in respect of the suit properties. It was agreed that the
https://www.mhc.tn.gov.in/judis
C.R.P.Nos.2277 and 2324 of 2020
Defendant shall execute the sale deed as and when demanded by the
Plaintiff. Time is not fixed for performance of contract. Time is not
essence of the contract. In 2014 the Defendant attempted to sell the
properties to the third parties. The Plaintiff sent legal notice dated
06.01.2014 to the Defendant calling upon him to execute the sale deed. The
Defendant sent a reply notice dated 31.01.2014. The limitation period for
filing the suit for specific performance is three years from the date when the
performance is refused by the Defendant. The suit is filed within the period
of limitation. The Defendant disputed the claim of the Plaintiff.