T.M. MAHENDRAN Vs. MUTHUIRULANDI THEVAR

JUDGEMENT

(1.) The Judgment and Decree passed in E.A. No. 12 of 2011 in E.P. No. 3 of 2009 in O.S. No. 74 of 1985 on the file of the District Munsif Court, Mudukulathur dated 17.02.2012, is under challenge in this Civil Revision Petition. The respondent herein filed O.S. No. 74 of 1985 on the file of the District Munsif Court, Mudukulathur against the father and mother of the petitioner for specific performance of the agreement of sale dated 21.09.1982. The said suit was decreed by the judgment and decree dated 30.06.1987. The father of the petitioner filed A.S. No. 1104 of 1998 against the said judgment and decree. Meanwhile, the respondents filed E.P. No. 13 of 1988. The said E.P. was closed on 09.04.1991 due to pendency of the first appeal. During the pendency of the first appeal, the petitioner's father died and the petitioner was impleaded as appellant and contested the case. The first appeal was dismissed on 13.03.2001, confirming the judgment and decree of the lower Court. Now, the respondent filed E.P. No. 3 of 2009 for execution of the decree. Evidence was let in on behalf of the respondent.

(2.) While E.P. was posted for evidence, the petitioner filed E.A. No. 12 of 2011 for rejection of the execution petition on the ground that the decree is barred by limitation and the same should have been filed within three years from the date of decree passed in A.S. No. 1104 of 1998. He submitted that only Article 135 of Limitation Act is applicable to the facts of the case.

(3.) On the other hand, the respondent contended that only Article 136 is applicable to the facts of the case and Execution Petition is not barred by limitation.