KRISHNAN EZHUTHASSAN Vs. JOSEPH

JUDGEMENT

(1.) These revision petitions have been filed challenging the common order passed by the IIndAdditional Sub Court, Thrissur (for short, "the trial court") in IA Nos. 4636/1999, 3842/1999, and 4374/1999 in OS No. 1221/1993.

(2.) The suit was one for specific performance of a contract. The property involved in the suit, having an extent of 34 Acres, admittedly belonged to the defendants 1 to 8. As per Ext.B1 sale agreement, defendants 1 to 8 agreed to sell the property to the plaintiff and the 10th defendant jointly for a consideration calculated @Rs.822.50 per cent. Since the defendants failed to perform their part of the contract, the plaintiff instituted the suit. The suit was decreed as per the judgment dtd. 19/6/1999. There was no appeal, and the decree has become final. The decree is as follows:

(3.) The plaintiff or the 10thdefendant did not deposit the balance sale consideration within the stipulated period. Defendant Nos. 1 to 8 filed IA No.4374/1999 on 3/9/1999 to rescind the contract. The 10th defendant filed IA No.3842/1999 on 2/8/1999 seeking permission to deposit the entire balance sale consideration. The plaintiff filed IA No.4636/1999 on 17/9/1999 seeking two months' time for making payment of his share of balance consideration. The 10thdefendant deposited the balance sale consideration of Rs.23,51,196.20 before the trial court on 13/3/2000. However, later, he withdrew half of the amount as per the direction of this court in CRP No.1064/2005 dtd. 20/12/2005. The trial court, after hearing both sides, initially allowed IA No.4374/1999 and dismissed IA No.3842/1999 and IA No.4636/1999. Against the order passed in IA No. 4374/1999, the plaintiff preferred CRP No.2144/2000 and the 10thdefendant preferred CRP No.1454/2000 before this Court. Challenging the order passed in IA No.4636/1999, the plaintiff preferred CRP No.506/2002 and challenging the order passed in IA No. 3842/1999, the 10thdefendant preferred CRP No.1419/2000 before this Court. Those revision petitions were disposed of by this court by a common order dtd. 10/1/2002 remitting the matter to the trial court to consider the applications afresh. After remand, this Court allowed IA Nos.4636/1999 and 3842/1999 and dismissed IA No.4374/1999. Those orders were again challenged before this court. This court set aside the orders of the trial court and again remanded the matter to the trial court for fresh disposal. The trial court considered all the three applications together and dismissed IA No.4374/1999 and allowed IA Nos.4636/1999 and 3842/1999 vide common order dtd. 06/02/2003. The petitioner/plaintiff in IA No.4636/1999 was given 15 days' time to deposit the balance sale consideration. Challenging the common order, the defendant Nos. 1 to 8 preferred CRP Nos.1270, 1292 and 1293/2003 and challenging the order in IA Nos. 4636/1999 and 3842/1999, the plaintiff preferred CRP Nos.1621 and 1799/2003.