K MARAPPAN Vs. PERUMAL

JUDGEMENT

(1.) THE revision petition is directed against the order made in I.ANo.696 of 1986 in O.S.No.102 of 1983 on the file of the Subordinate Judge, Salem.

(2.) THE short facts are: THE revision petitioner had filed the suit for specific performance of an agreement of sale and obtained a decree on 17.8.1987. THE trial court had granted three months time for the deposit of the sale price. After extension of time, on two occasions, to deposit the sale price the petitioner herein filed E.A.No.696 of 1986 for another extension (third extension) of time by nine months. THE same was resisted by the respondents. THE court below, after hearing the parties has dismissed the said application. Aggrieved by that order the plaintiff has come forward with this revision petition.

(3.) THE learned counsel for the petitioner would further rely upon Abdul Shaker v. Abdul Rahiman, 44M.L.J. 104.A.I.R. 1923 Mad. 284, in which it was laid that: "...It would seem to be absurd to hold that the mere fact that a date of completion is fixed in the original decree puts an end to the action and that the control of the original court expires on the expiration of that date and thus substitute in effect for all the known remedies stated above the simple expedient of treating the action and the decree as deed for all purposes and leaving the vendor in undisturbed possession of property which is not his and may as in the present case be of a greater value than the contract purchase money, which perhaps by some accident, purchaser has failed to produce on the date fixed." It is no doubt true that the court has got power to extend the time on more than one occasion, if sufficient causes are shown. In the instant case, I am clear that no sufficient cause was shown to extend the time for the third time and the court below has rightly rejected the application of the petitioner for extension of time. 9. In view of the above, I am clear that the order of the court below cannot be interfered with. Hence, the revision petition fails and is dismissed. No costs.