PADMANABHAN Vs. I M KARTHIKEYAN

JUDGEMENT

(1.) The plaintiff is before this Court challenging the order passed in the application filed by the respondents herein/defendants 16,18,19,21 and 22 under Section 5 of the Limitation Act for condoning the delay of 1258 days in filing the application to set aside the ex-parte decree dated 22.12.2009 passed against the respondents in the suit for specific performance of the agreement dated 29.12.2004 entered into between the petitioner and the respondents.

(2.) The case of the petitioner herein is that he filed a suit in O.S.NO.120 of 2006 on the file of the learned IV Additional District Court, Madurai through his power agent V.Ramakrishnan against the respondents herein for the relief of specific performance to execute the sale deed for the suit schedule properties based upon the sale agreement entered into between the petitioner herein and the respondents herein dated 29.12.2004. The petitioner contented that the 1st item of suit property originally belongs to one S.P.Chinnasamy and his family members who are the defendants 1 to 15 in the above said suit. They have jointly executed a registered general power of attorney in respect of the 1st item of the suit property on 18.06.2003 in favour of the 16th defendant of the suit namely the 1st respondent in this civil revision petition. The petitioner further contented that the suit 2nd item of property is absolutely belongs to the defendants 15 to 22 in the above said suit who are the respondents in the civil revision petition. The 1st respondent who is the power agent of defendants 1 to 15 along with the respondents herein have entered into an unregistered sale agreement with the revision petitioner on 29.12.2004 in respect of the suit schedule 1 and 2 item of properties on payment of Rs.5,000/- as advance amount and on the date of agreement itself, the respondents handed over the possession of the suit schedule properties in favour of the petitioner.

(3.) The petitioner further contented that he executed a registered general power of attorney dated 08.10.2004 in favour of the above said V.Ramakrishnan who originally filed the suit as a power agent of this revision petitioner in respect of all his properties. Since this revision petitioner was working at United States of America and he is not in a position to visit India to manage the properties and he executed the power deed in favour of V.Ramakrishnan. After the sale agreement the petitioner's power agent V.Ramakrishnan converted the entire suit properties into several house plots and sold some of the plots to the purchasers and he has constructed residential houses. Further it is contented that the revision petitioner paid more than 75% of the sale consideration to the respondents. Even though he is ready and willing to perform the contract, these respondents have not come forward to fulfill the same on their part. Hence the revision petitioner filed the above suit for specific performance to execute the sale deed.