O N K SABAPATHY Vs. K CHANDRASEKARAN

JUDGEMENT

(1.) This revision is directed against the order dated 07.10.2005 in R.E.A.No.203 of 2000 in R.E.P.No.94 of 1998 in O.S.No.441 of 1992 on the file of the learned Additional Sub-Court, Salem, dismissing the petition filed under Section 47 of the Code of Civil Procedure, 1908.

(2.) Briefly stated, the case of the petitioner is that the petitioner, who is a third party, had filed R.E.A.No.203 of 2003 before the Executing Court stating that the property brought for sale in the Execution Petition originally belonged to the second respondent, who entered into an agreement of sale on 01.12.1990 for a sum of Rs.6.50 lakhs with the petitioner herein, and after paying the considerable amount, there was only a balance of Rs.60,000/- to be paid. The petitioner was always ready and willing to perform his part of contract by paying the balance sale consideration. But the second respondent failed to comply with the same.

(3.) The petitioner has filed the suit being O.S.No.797 of 1992 for specific performance and the same was decreed on 04.03.1993. Pursuant to the decree, sale deed was executed and the petitioner had taken delivery of the property. According to the petitioner, the respondents in cahoots with other creditors filed I.P.No.36 of 1993 and obtained collusive decree on 03.02.1994. The Official Receiver filed I.A.No.92 of 1994 in I.P.No.36 of 1993 to set aside the sale deed executed in favour of the petitioner and the same was pending.