VIJI P.ISSAC Vs. VIJAYAKUMARI

JUDGEMENT

(1.) The CRP is filed by the first defendant in OS No.638/2008 on the file of Sub Court, Ernakulam. The suit was filed by respondents 1 and 2 herein against the revision petitioner and the third respondent herein as defendants for having committed breach of an agreement for sale of the property belonging to the plaintiffs as a result of inter se dispute between the defendants. Therefore, the plaintiffs proposed to deposit a sum of Rs.28 lakhs received as advance sale consideration, and prayed that the court decides as to who among the defendants is entitled for that amount which has been paid by them as advance.

(2.) The second defendant remained ex parte, while the first defendant appeared and filed written statement. The matter was later settled between the parties in an Adalat and an award was passed on 20.03.2009, in which seven terms of settlement were arrived at and accordingly, a compromise was recorded and suit decreed in terms with the compromise. Putting the blame on each other, the plaintiffs filed EP No.469/2009 and the first defendant filed EP No.262/2009.

(3.) The first defendant contended in his EP that the plaintiffs may be directed to produce the original title deed and other documents referred to in the agreement for sale, so as to enable him to prepare the sale deed as stipulated in clause 3 of the award, and to direct the plaintiffs to execute the sale deed. It is contended that because the plaintiffs did not produce the original title deed, legal heir-ship certificate and encumbrance certificate etc., the sale deed could not be prepared and executed.