LAWS(MAD)-2010-7-27

BENJAMIN Vs. KAJARAJ AND CO

Decided On July 07, 2010
JUDITHA ROSALY BOSCO Appellant
V/S
KAJARAJ AND CO REP. BY ITS PROPRIETOR S.S.RAMANATHAN COIMBATORE Respondents

JUDGEMENT

(1.) Inveighing the order dated 20.08.2008, passed in E.P.No.1 of 2007 in O.S.No.1538 of 1980 by the learned II Additional Subordinate Judge's Court at Coimbatore, this civil revision petition is focussed.

(2.) Heard both sides.

(3.) Succinctly and precisely, the relevant facts shorn of unnecessary details, would run thus: The deceased revision petitioner/Benjamin filed E.P.No.1 of 2007 before the Executing court for obtaining delivery of possession of the immovable property concerned, consequent upon the decree passed in specific performance of the agreement to sell. Indubitably and indisputably, in pursuance of the said decree the sale deed was executed, but as on the date of the filing of the EP for delivery, the sale deed was not released by the Registrar concerned on certain grounds. The Executing Court dismissed that execution application on the sole ground that there was no registered sale deed before it. Being aggrieved by and dissatisfied with the same, this revision is filed on the main ground that availability of the registered sale deed in stricto sensu is not a sine quo non for ordering delivery, as obtention of delivery through court is a right enured in favour of the decree holder pursuant to the decree for specific performance.