M SATHISH KUMAR Vs. V RAMASUNDARAM

JUDGEMENT

(1.) This Civil Revision Petition is filed to set aside the fair and decretal order dated 24.10.2013 made in I.A.No.1427 of 2010 in O.S.No.163 of 2004 on the file of the III Additional District and Sessions Court, Salem.

(2.) The petitioner is plaintiff and respondents are the defendants 2 to 5 in O.S.No.163 of 2004 on the file of the III Additional District and Sessions Court, Salem. Originally, the petitioner filed the said suit against one R.Veeran for specific performance of agreement of sale dated 06.01.2003. The defendant filed written statement on 19.09.2003. The petitioner filed present application I.A.No.1427 of 2010 under Order XII Rule 6 and Section 151 of C.P.C for a decree of specific performance of agreement of sale to the petitioner on defendant R.Veeran receiving a sum of Rs.20,56,000/- from the petitioner and for a direction, directing the said defendant R.Veeran to execute the sale deed, failing which Court may execute the sale deed in favour of the petitioner. According to the petitioner, the defendant filed written statement on 19.09.2003 and stated that he is willing to execute the sale deed in favour of the petitioner if he pays a sum of Rs.20,56,000/-. In view of this clear admission of the defendant, the petitioner is entitled for a decree of specific performance when petitioner is willing to pay said sum of Rs.20,56,000/-. When the said application was pending, the sole defendant R.Veeran died and the respondents were brought on record as defendants 2 to 5 on 18.06.2013 in I.A.No.406 of 2013 as his legal heirs.

(3.) The deceased first defendant while alive filed counter affidavit and opposed the said application. The respondents also filed counter affidavit and contended that the petitioner cannot rely on one sentence in the written statement and seek for a decree of specific performance. The deceased first defendant has made various objections in the written statement. The petitioner is not entitled to decree for entire property. If at all the petitioner is entitled to a decree, it will be only with regard to share of the deceased first defendant. The petitioner is trying to get the property worth several crores for a meagre amount. The deceased first defendant has not admitted in the written statement as stated by the petitioner. The alleged admission is only a statement and it will not bind the respondents and prayed for dismissal of the application.