(1.) The present appeal is directed against an order dtd. 14/3/2017 passed by the High Court of Judicature at Madras whereby the Execution Petition filed by the appellants-decree holders to seek possession of the property of which sale deed was executed in their favour was found to be not maintainable.
(2.) The brief facts leading to the present appeal are that the respondent-defendant, as owner of the vacant plot admeasuring 2400 sq. feet, had entered into a sale agreement with the appellants. One of the conditions in the agreement was that the respondent would handover vacant possession of the suit property to the appellants. The relevant clause reads as thus:
(3.) The appellants filed a suit seeking specific performance of the said agreement and to direct the respondent herein to execute the sale after receiving the balance sale consideration, failing which the Court may execute the sale deed in favour of the appellants. In the written statement filed, the respondent stated that there cannot be sale of any vacant plot unless the competent authority under the Urban Land Ceiling enactment gives the necessary permission. The respondent admitted the agreement and averred that the appellants had failed to take steps for permission from the competent authority. It was the stand of the respondent that she was pressing for the transaction to be completed but the appellants alone protracted the execution of the sale.
ABOUT US "REGENT COMPUTRONICS PVT. LTD." is a Company incorporated in 1991 under the provisions of the Companies Act, 1956. Since its inception to 1995, the Company was busy in carrying out the activities related to various Banks' Job Work..
Read More
Sales: sales@the-laws.com
Support: info@the-laws.com
8000853936
9376168072
27, 4TH FLOOR, Agrawal Center, Ashram Road, Income Tax, Ahmadabad 380014.
LOGIN