F.M. ANTHONI Vs. R. JOHNSON AND ORS.

JUDGEMENT

(1.) Whether the plaintiff in a suit for specific performance is entitled to get the decree executed, after a period of 25 years, notwithstanding his failure to pay the balance amount, within the time permitted by the Trial Court, is the core issue that arises for consideration in these Civil Revision Petitions filed by the decree holder against the orders passed by the Executing Court, allowing the applications filed by the judgment debtors, for rescission of contract under Section 28 of the Specific Relief Act, 1963.

(2.) The petitioner filed a suit in O.S. No. 31 of 1981 before the Sub Court, Padmanabhapuram. It was a suit for specific performance. The suit was laid on the strength of a sale agreement dated 27 August, 1976, executed by defendants 1 and 2.

(3.) The suit was decreed by the Trial Court, by judgment and decree dated 24 August, 1982. The defendants 2 and 3 filed first appeals in A.S. Nos. 494 of 1984 and 110 of 1985, challenging the judgment and decree dated 24 August, 1982, in O.S. No. 31 of 1981. The first appeals were dismissed by the High Court, by judgment and decree dated 19 November, 1998.