THEMMA Vs. INFANT JESUS CHURCH

JUDGEMENT

(1.) The property situate right in front of the High Court of Kerala has been embroiled in litigation for the past over 29 years. The easy physical access to the portals of Justice has perhaps led to the continued litigation by the parties.

(2.) I.A. Nos. 2047/2010 & 2266/2016 have been filed to amend the decree in A.S. No. 11/1993 disposed of by judgment dated 25.2.2005 reported in Themma v. Infant Jesus Church, 2005(3) Civil Court Cases 799 (Kerala) : 2005 (4) KLT 296 (D.B.) . This Court by the said judgment decreed the suit for specific performance of an agreement for sale dated 05.03.1984 in reversal of the decree of the trial court. The trial court had granted only a decree for return of the amount paid as advance on the premise that prior sanction was not obtained by the defendant church as per Canon Law to enter into a contract. The Supreme Court in Special Leave to Appeal (C) No.13976/2005 by order dated 22.07.2005 declined to interfere with the judgment of this Court. I.A. No. 4943/2005 in O.S. No. 857/1987 under Section 28(3) of the Specific Relief Act, 1963 ['the Act' for short] to get the sale deed executed accordingly is pending.

(3.) The property which is the subject matter of the suit has been specifically described in the agreement for sale in Malayalam and its English translation is to the following effect:-