S. K MEENAKSHI SUNDARAM Vs. M. N PADMANABHAN

JUDGEMENT

(1.) The Fair and Decreetal order dated 26.11.2018 made in I.A.No.193 of 2018 in O.S.No.19 of 2011 on the file of the learned Second Additional District Court, Salem, is under challenge in the present Civil Miscellaneous Appeal.

(2.) The appellant is the defendant in the suit and the respondents instituted a suit for Possession and the appellant filed a suit for cancellation of sale deed. The trial court delivered a common judgment on 10.8.2017. The plaintiff herein filed a Review Petition under Section 114 and 151 of C.P.C., to review the order passed by the trial Court on 10.8.2017 in O.S.NO.19 of 2011. The said Interlocutory Application to review the judgment was dismissed by the trial Court, against which, the present Civil Miscellaneous Appeal is filed.

(3.) The learned counsel appearing on behalf of the appellant mainly contended that the trial Court has committed an error with regard to the payment of balance sale consideration along with the interest. The respondents deliberately withdraw the balance sale consideration and therefore, the respondents are liable to compensate the appellant by paying interest at the rate of 12% per annum. With this grievance, the Review Application was filed. The trial Court considered the scope of the Review Petition under Order 47 Rule 1 of C.P.C., and further, considered the nature of grounds taken by the appellant for reviewing the judgment and rejected the application.