ESAKKIAMMAL Vs. NAMBIKONAR (DIED)

JUDGEMENT

(1.) This revision is against an order made in E.A.No.84 of 2008 in E.P.No.16 of 2003, which was filed under Section 28 of the Specific Relief Act, 1963 seeking rescission of contract of sale on the ground that the decree holder/purchaser has not taken steps to deposit the decree amount within the reasonable time.

(2.) The facts, that led to filing of the Civil Revision Petition, are as follows:-

(3.) The 1st respondent herein has sued for specific performance of a contract of sale dated 25.12.1986 in O.S.No.1077 of 1988. The suit was dismissed by the trial Court on 30.09.1991. The plaintiff preferred an appeal in A.S.No.46 of 1992. On 19.12.1994, the appellate Court decreed the suit. The appellate Court did not specify any time for deposit or payment of the balance of sale consideration, while granting the decree for specific performance. Nearly after 8 years, the decree holder filed an execution petition in E.P.No.16 of 2003 on 21.08.2003. The decree holder did not choose to deposit the balance of sale consideration along with the execution petition also.