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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.