PERIYA ESSAKI MUTHU Vs. SHAJAHAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed by the petitioners/ defendants against the fair order and decreetal order passed in E.A.No.1 of 2020 in E.P. No. 17 of 2013 in O.S.No.28 of 2013 dated 05.03.2020 on the file of the Principal Sub-Judge, Tenkasi. The respondent herein is the plaintiff in O.S.No.28 of 2003.

(2.) According to the plaintiff, a sale agreement was entered into between the plaintiff and the father of the defendants on 20.08.1998. On that day itself, the father of the defendants handed over the document dated 22.01.1981 to the plaintiff. As per agreement, total sale consideration was Rs.1,00,00/-. During agreement period, the father of the defendants received Rs.90,000/-. It is agreed that remaining amount of Rs.10,000/- should be paid on or before 20.11.1999 and in the event of payment of Rs.10,000/-, sale deed should be executed in favour of the plaintiff. Though the plaintiff was willing to act as per the agreement, the father of the defendants did not co-operate. While so, he died in the year 2002. After his demise, the defendants were also not willing to execute a sale deed. Hence, the plaintiff has filed the suit in O.S.No.28 of 2013 for specific performance of contract for sale before the learned Principal Subordinate Judge, Tenkasi. The plaintiff was examined himself as P.W.1 and 7 documents were produced as Ex.P.1 to Ex.P.7. On 28.03.2003, an ex-parte decree was passed. The trial court has directed the defendants to execute a sale deed on receiving the remaining sale consideration, within a period of one month.

(3.) The plaintiff filed an Execution Petition in E.P.No.17 of 2013. The defendants have filed their counter. After hearing the arguments on either side and perusing the materials, the learned Principal Subordinate Judge, Tenkasi, has allowed the Execution Petition on 13.03.2015. Challenging the said order, the defendants have filed C.R.P(MD)No.1639 of 2015 before this Court. By its order dated 26.09.2019, this Court has allowed the Civil Revision Petition and set aside the order passed in E.P.No.17 of 2013. Further, this Court remanded the matter and directed the Principal Sub Judge, Tenkasi, to hear E.P.No.17 of 2013 in O.S.No.28 of 2003 afresh and pass a speaking order.