AKILANDAM Vs. MUTHUSAMY

JUDGEMENT

(1.) THIS Civil Revision Petition has been preferred against the fair and decreetal Order, dated 13. 02. 2008 made in E. A. No. 280 of 2007 in E. P. No. 50 of 2004 in O. S. No. 63 of 1998 on the file of the Sub-Court, Attur.

(2.) THE revision petitioner herein had filed the Execution Application before the court below under Section 47 of the Code of Civil Procedure for redelivery of possession of the schedule of property therein.

(3.) IT is not in dispute that the respondent herein filed the suit in O. S. No. 63 of 1998 against the revision petitioner, seeking a decree for specific performance based on an agreement of sale, dated 14. 11. 2004. The trial court, granted only the alternate remedy, directing the revision petitioner / defendant to return the advance amount / sale consideration of Rs. 1,70,000/- with interest and costs. It is not in dispute that the subsequent interest was decided only at 6% p. a. Then the respondent / decree holder filed the Execution Petition, pursuant to the decree obtained by him.