M KANTHA Vs. P VALMURTHY

JUDGEMENT

(1.) THIS review petition is filed by the respondent in A.S.No.493 of 2008, who lost the legal battle, both in the trial Court and in the first Appellate Court.

(2.) THE respondent herein filed a suit for specific performance on the basis of the sale agreement executed by the review petitioner. Since the review petitioner has not performed his contract, the respondent herein filed a suit for specific performance in O.S.No.428 of 2004, before Principal District Court, Chengalpet, which was renumbered as O.S.No.7 of 2007 on the file of the Principal District Court, Thiruvallur. After contesting, the suit for decree of specific performance has been passed and the review petitioner herein was directed to execute the registered sale deed in favour of the plaintiff/respondent herein for a total consideration of Rs.14,85,000/- within three months from the date of decree and also directed to deliver the vacant possession of the suit property, against which, the defendant as an appellant preferred an appeal in A.S.No.493 of 2008 and the same has been dismissed by confirming the judgment of the lower Court, against which, the Review Petition is filed by the appellant.

(3.) CONSIDERED the rival submissions made on both sides.