KANIYATTIL UMMAKULSUMMA Vs. P.T. VIJAYAKUMAR

JUDGEMENT

(1.) (1) Can an application under Section 28(3) of the Specific Relief Act, 1963 be filed without making the deposit/payment of the purchase money?

(2.) THE petitioner is the defendant in OS No. 16 of 1996 of the Subordinate Judge's Court, Thalassery. The said suit was one for specific performance of a contract of sale of an immovable property. The defendant denied the execution of the contract. According to the plaintiff, the total consideration was fixed at Rs. 2,50,000/ -, out of which, an amount of Rs. 1,50,000/ - was paid by the defendant to the plaintiff, as part of consideration. The suit was decreed in favour of the plaintiff on 17/07/1999. Challenging the judgment and decree, the defendant filed AS No. 732 of 1999 before this Court on 29/10/1999. The said appeal was dismissed on 26/03/2009.

(3.) THEREAFTER , the plaintiff filed IA No. 710 of 2011 before the Subordinate Judge's Court, Thalassery on 08/02/2011 with an averment that the plaintiff was under the impression that the balance consideration was deposited before the Court below, and only by 05/02/2011 he could understand that the amount was not deposited before the Court. Through the said IA, the plaintiff sought permission from the Court below to permit the plaintiff to deposit the balance consideration of Rs. 1,00,000/ - before the Court below.