MUNIAMMAL Vs. BEHTANIA RESIDENTS WELFARE SOCIETY

JUDGEMENT

(1.) THIS revision is directed against the Order in e. P. No. 87/1993 in O. S. No. 214/1984 [dated 17. 09. 1996], ordering execution of the sale Deed in favour of Respondent/decree-Holder Society.

(2.) SUIT for Specific Performance and Decree passed thereon, had been subject matter of several rounds of litigation for more than two decades. Necessary facts for disposal of this Revision Petition are as follows: - 2. 1. Revision Petitioners are legal heirs of one govindasami. The said Govindasami entered into an Agreement of Sale to sell his lands measuring 1. 13 acres in S. No. 166/2 situated in Valasaravakkam Village , saidapet Taluk to Bethania Residents Welfare Society, represented by its president Jayavelu and Secretary Arul Sekar, under the Agreement dated 23. 09. 1979. Since Govindasami failed to execute the Sale Deed, Society filed a suit in O. S. No. 214/ 1984 for Specific Performance of Contract of sale on the file of Sub Court, Poonamallee and the same was decreed in favour of the society on 06. 11. 1986. The said Govindasami preferred an appeal before the High court in A. S. No. 374/ 1987. The appeal was partly allowed. By the Decree dated 16. 07. 1992, the High Court modified the Decree that the Defendant shall execute and register the Sale Deed in favour of the members of the Plaintiff Society. 2. 2. Purchaser Society was directed to pay the balance sale consideration i. e. Rs. 5,000/- to be deposited into Court and the same was also deposited on 05. 12. 1987. Since the Revision Petitioners/judgment-Debtors 2 to 6 have not come forward to execute the Sale Deed, Decree-Holders filed e. P. No. 87/1993 for execution of the Sale Deed. On behalf of the judgment-Debtors/defendants, Subordinate Judge, Poonamallee had executed the sale Deed on 06. 12. 2000.

(3.) THOUGH the Plaintiff Society is represented by mr. P. B. Balaji Advocate, he has submitted that he had no instructions.