T MUNUSAMY Vs. M SHIVASANGARAN

JUDGEMENT

(1.) This Civil Revision petition is filed as against the order passed by the learned Additional District Judge(Fast Track Court), Kumbakonam, Thanjavur District, in E.P.No.67 of 2017 in O.S.No.21 of 2011, dated 15.11.2017, directing to deliver the suit property in favour of the Decree Holder, namely, the respondent in this petition.

(2.) Heard the learned counsel appearing for the petitioners and the learned counsel appearing for the respondent.

(3.) The petitioners are the Judgment Debtors/defendants in the Suit in O.S.No.21 of 2011 on the file of the learned Principal District Judge, Thanjavur District. It appears that the respondent filed a Suit for specific performance of an agreement of sale, dated 29.08.2007 and for possession. The said Suit, after contest was decreed by the Judgment and Decree, dated 06.02.2014. In execution of the Decree for specific performance, the respondent appears to have obtained a sale deed through Court. Thereafter, the respondent has applied for delivery of possession in E.P.No.67 of 2017. The said petition was opposed by the petitioners only on the ground that there is a discrepancy between the description of the property found in the plaint and the property described in the sale agreement which was the subject matter of the Suit for specific performance.