GOVINDASWAMY Vs. BALARAMAN AND OTHERS

JUDGEMENT

(1.) C.R.P. Nos. 3218 and 3219 of 1986 are directed against the orders passed in I.A.No. 515 of 1983 and I.A.No. 565 of 1983 respectively in O.S.No. 75 of 1980, on the file of the Sub Court, Vellore. Plaintiff in the suit is the petitioner in both these revisions.

(2.) Plaintiff had entered into an agreement for sale with one Abdul Malick Sahib, 4th defendant in the suit and one of the respondents in these revisions, on 22-4-1979. Pursuant to that agreement Abdul Malick Sahib had sold the property to respondents 1 to 3 in C.R.P. No. 3218 of 1986, who are respondents 2 to 4 in C.R.P. No. 3219 of 1986. Hence, the petitioner herein filed O.S. No. 75 of 1980 and specific performance of the contract, impleading Abdul Malick Sahib as 1st defendant and others as defendants 2 to 4. All the defendants contested the suit. On 24-2-1983 the suit was decreed, granting one month time to the petitioner herein to deposit the balance of sale consideration. Since the petitioner heroin did not deposit the balance of sale consideration within the time given, defendants filed I.A.No. 515 of 1983 for revoking the contract. At the same time, petitioner herein, filed I. A.No. 565 of 1983 for extension of time for depositing the amount. By a common order the Sub Court allowed I.A.No. 515 of 1983 and dismissed I.A.No. 565 of 1983. Against the said common order, plaintiff in the suit, filed the above revisions.

(3.) Learned counsel appearing for the petitioner/plaintiff submitted as under:-