VINAYAN Vs. RADHAKRISHNAN

JUDGEMENT

(1.) The revision petitioner entered into an agreement for sale dated 15/10/1994 with the respondent by which the petitioner agreed to purchase the residential property of the respondent at a price of Rs.35,000/-. Rs.25,000/- was paid as advance. The balance sale consideration of Rs.10,000/- was payable by the petitioner - buyer to the respondent - seller. The petitioner filed OS No. 954 of 1995, on the file of the Court of the II Additional Sub Judge, Thrissur, against the respondent for specific performance of the agreement for sale. An ex parte decree dated 10/02/1997 was passed in the suit.

(2.) Though the respondent filed an application to set aside the ex parte decree, that application was dismissed by the Trial Court.

(3.) The petitioner filed IA No. 5314 of 1998 on 10/11/1998 to allow him to deposit the balance sale consideration and to direct the respondent to execute the sale deed. That application was filed under S.151 of the Code of Civil Procedure. In fact the application should have been filed under S.28(3) of the Specific Relief Act. That application was opposed by the respondent contending that the application was highly belated and the delay was not explained. He also raised a contention that the market value of the property has increased several times the price agreed upon. The balance sale consideration of Rs.10,000/- was not deposited along with IA No. 5314 of 1998.