R P RAMASWAMY Vs. M KARUPPIAH THEVAR

JUDGEMENT

(1.) This civil revision petition by the plaintiff in O.S. No. 150 of 1983 on the file of Subordinate Judge, Srivilliputhur is against the dismissal order dated 11.11.1986 in his I.A. No. 130 of 1986 in the suit for amending the decree dated 18.8.1984. The plaintiff is vendor under the suit sale agreement dated 21.8.1981 whereby he agreed to sell the suit land to the defendant-respondent herein for Rs. 45,000. The respondent-purchaser admittedly paid Rs. 15,000 as advance as mentioned in the sale agreement itself but since the balance was not paid as per the sale agreement, the suit was laid on 15.9.1983.

(2.) The relevant portions of the prayer in the suit are as follows:

(3.) Admittedly, the defendant did not pay the plain-tiff any further sum pursuant to the above said decree but continued to possess and enjoy the suit land. The plaintiff then filed the above said I.A. No. 130 of 1986 for amending the decree, alleging in the supporting affidavit thereof that "the alternative relief of possession was omitted to be mentioned" in the decree as drafted. The amendment sought for is as follows: