RAGHAVAN Vs. CHACKO

JUDGEMENT

(1.) THE petitioner is the 1st defendant (judgment-debtor)in a suit for specific performance. THE suit was decreed and the court below directed the defendants to execute the sale deed in favour of the plaintiff when he deposits the balance sale consideration. THE balance sale consideration was about Rs. 12,500/ -. THE plaintiff filed an. execution petition and wanted the execution court to execute the decree. In the execution application, the plaintiff said that he is entitled to get from the 1st defendant an amount of rs. 15,927. 75 as costs and interest and so, the plaintiff is not bound to deposit any amount as balance of sale consideration, and the amount that is due to the plaintiff from the 1st defendant can be adjusted towards the balance sale consideration.

(2.) THE 1st defendant contended that the decree is not executable. In fact, the counsel for the revision petitioner contended that the decree is illegal. This contention was raised on the ground thai the decree has not been made by the trial court in accordance with 0. 20 R. 12a of the Code of civil Procedure. THE counsel submitted that R. 12a of O. 20, C. P. C. , mandates that a decree for the specific performance of a contract for the sale of property should specify the period within which the payment shall be made.

(3.) EMIL Brunner, a Swiss Theologian, injustice and social order' put the formula dovetailing the mental and institutional components of justice thus: "who or whatever renders to every man his due, that person or thing is just an attitude, an institution, a law, a relationship in which every man is given his due is justice.