M. SAKTHIVEL AND ORS. Vs. SANKARESWARI

JUDGEMENT

(1.) INTRODUCTORY.

(2.) SUIT for specific performance is a discretionary remedy. The Court is bound to examine as to whether the plaintiff has come to the Court with clean hands, has been ready and willing to perform his/her part of the contract and there would be no undue advantage to him/her by directing specific performance. Here, in this subject case, the learned Subordinate Judge granted the relief of specific performance by way of a default decree, without considering the merits of the matter, solely on account of the failure of petitioners to contest the matteR.In short, the learned Subordinate Judge, Palani, punished the petitioners for their failure to appear by passing an "automatic decree".

(3.) THE petitioners failed to appear before the Trial Court. The Trial Court, therefore, passed an ex -parte judgment and decree on 25 April, 2007. Thereafter, the respondent filed Execution Petition in E.P. No. 233 of 2007, to execute the decree. The sale deed was executed on 27 April, 2009. Subsequently, the respondent filed E.A. No. 259 of 2010 seeking delivery. It was only at that point of time, the petitioners came to know that an ex -parte decree was passed against them.