BINDU MADHAVAN Vs. K UMANATH

JUDGEMENT

(1.) THE defendant in O.S.No.735 of 2008 on the file of the Principal District Judge, Coimbatore is the revision petitioner in both the revisions.

(2.) THE respondents herein filed the suit for specific performance of agreement of sale for the purchase of the suit property for consideration as stated in the agreement and a compromise was entered into between the parties in the Mediation and the terms of compromise is as follows:

(3.) THE learned Senior Counsel for the revision petitioner further submitted that even assuming that in the notice Ex.P3 dated 28.5.2009 the respondents have given particulars about the purchase of Demand Drafts of Rs.14,00,000/- (Rupees Fourteen lakhs only), they have not given any particulars regarding the arrears of rent for a sum of Rs.42,000/- and as per Clause 4 of the terms of compromise the entire balance sale consideration and the arrears of rent must be paid through Bank Drafts and as per Ex.P3 the Bank Drafts were taken only for Rs.14,00,000/- and admittedly no Bank Draft was taken for Rs.42,000/- representing the arrears of rent and therefore they have not complied with Clause 4 of the terms of compromise and therefore they are not entitled to the execution of sale deed.