JANCY BEULA ESTHER Vs. V.K. SELVARAJ

JUDGEMENT

(1.) The Judgment Debtor in O.S.No.24 of 2004 on the file of the Sub Court, Tirupattur, is the petitioner in the present revision petition. The Decree Holder in the said suit is the respondent herein.

(2.) The suit was filed for the relief of specific performance of an agreement for sale. The prayer in the plaint was couched in such terms that the defendant should be directed to execute the sale deed in terms of the suit sale agreement, after receiving the balance sale consideration of Rs.1,00,000/- and that in the event of the failure on the part of the defendant to do so, the Court itself should execute the sale deed on behalf of the defendant in accordance with law.

(3.) The revision petitioner herein, who was the defendant in the said suit, did not contest the case and the trial Judge chose to set her ex-parte, conduct an ex-parte trial and pronounce a judgment on 02.08.2005 and based on the judgment, a decree was drafted. The decree directed the revision petitioner herein to receive the balance sale consideration within one month and to execute and register a sale deed in favour of the plaintiff. The decree provides further that in the event of failure on the part of the defendant/Judgment Debtor to do so, the respondent herein/plaintiff could deposit the balance amount of consideration into Court within 30 days thereafter and get the sale deed executed in his favour through Court. After depositing the balance amount of sale consideration into Court, the respondent herein/Decree Holder filed E.P.No.3 of 2010.