1 S.B. CIVIL SECOND APPEAL NO.196/2008 Kela Singh Vs. Subekhan IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ORDER 15.7.2009 S.B. CIVIL SECOND APPEAL NO.196/2008 Kela Singh Vs. Subekhan HON'BLE MR. JUSTICE DALIP SINGH Shri Ashwani Garg, for the appellant. Heard learned counsel for the appellant. The learned appellate court has allowed the appeal filed by the plaintiff holding that the agreement to sell is proved and also payment of the consideration. The submission of the learned counsel for the appellant that the time was the essence of the contract, inasmuch as the registration of the sale deed was required to be carried out within Six months of the date of the execution of the agreement i.e. 27.6.1980, also does not merit consideration in view of the finding that subsequently on 02.02.1982 i.e. after the period of six months as agreed, the appellant had accepted a further amount of Rs.1,700/- towards the balance consideration. 2 S.B. CIVIL SECOND APPEAL NO.196/2008 Kela Singh Vs. Subekhan In view of the above the submission that the time was the essence of the contract cannot be accepted, this second appeal is accordingly dismissed summarily. The stay application is also dismissed. (DALIP SINGH),J. Ramchandrkhatri,PS