SYED MUJIBUR RAHMAN Vs. ABDUL AZEEZ

JUDGEMENT

(1.) THIS revision by defendant in disposed of O. S. No. 10146/1987 is directed against the trial Court's order dated 15-4-1999 by which the application of respondent-plaintiff filed under order 9 Rule 9 of the C. P. C. along with I. A. No. 1 under S. 5 of the Limitation Act has been allowed setting aside dismissal of the latter's said suit and restoring it to the file of the Court below for further proceeding and trial.

(2.) THE undisputed facts giving rise to this revision may be stated as follows :

(3.) WRITTEN statement was filed by the defendant denying the plaint allegations and contending that he has always been in exclusive possession and enjoyment of his suit house site. It was further contended therein that, in fact, the plaintiff was working in Saudi Arabia and came to Bangalore in March 1985, approached him intending to purchase the suit site, and that agreeing to purchase the same for Rs. 2,12,544/-, he paid him Rs. 50,000/- as advance and earnest money, and executed the sale agreement agreeing to get the sale deed duly executed within three months from 2-4-1985. But, he failed to perform his part of contract by paying the balance of sale consideration despite repeated demands of defendant. When the said contract was thus repudiated by the plaintiff by his conduct, he is not entitled to the relief prayed in the plaint.