KRISHNAN Vs. P PALANISAMY

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dated 31.10.2008, made in I.A. No. 113 of 2003, in O.S. No. 635 of 2001, on the file of the Subordinate Court, Namakkal.

(2.) The Petitioner in the present civil revision petition is the Plaintiff in the suit, in O.S. No. 635 of 2001. The Petitioner had filed the said suit against the Respondents 2 to 5, for specific performance, to enforce the agreement for sale, dated 27.3.1991, by which the Petitioner had agreed to purchase the suit property, measuring an extent of 600 Sq.ft, for a sale consideration of Rs. 48,000/-. It had also been stated that on the date of the agreement for sale the Petitioner had paid Rs. 20,000/-, as advance and the balance amount of Rs. 28,000/- was to be paid, on or before 26.3.1995, on receipt of which the Respondents 2 to 5 were liable to execute the sale deed in favour of the Petitioner.

(3.) On 20.1.1995, a further sum of Rs. 15,000/-had been paid by the Petitioner and the period for performance had been extended till 19.1.1999, by making the necessary endorsement. The Petitioner has also stated that he is in possession of the suit property. However, the Respondents 2 to 5 were evasive and not inclined to execute the sale deed. They had also threatened the Petitioner asking him to vacate the suit property. In such circumstances, the Petitioner has filed the suit, in O.S. No. 635 of 2001, on the file of the Subordinate Court, Namakkal, praying for a decree for specific performance.