LAWS(MAD)-2009-8-374

BHASKARAN Vs. R ANNADURAI

Decided On August 11, 2009
BHASKARAN Appellant
V/S
R ANNADURAI Respondents

JUDGEMENT

(1.) THIS civil revision petition is directed against the order dated 10. 4. 2008 in i. A. No. 17104 of 2007 in O. S. No. 2171 of 2003 on the file of VII Assistant City civil Court, Chennai, whereby and whereunder the application preferred by the revision petitioner to set aside the ex parte decree was dismissed.

(2.) THE suit in O. S. No. 2171 of 2003 was preferred by the first respondent against the revision petitioner and Tamil Nadu Housing Board with the following reliefs.

(3.) IN the plaint in O. S. No. 2171 of 2003 it was the contention of the first respondent that he has entered into an agreement with the revision petitioner on 5. 12. 1985 in and by which, the suit property was agreed to be sold to him for a total consideration of Rs. 35,000/ -. The entire amount was paid at the time of execution of the document itself and the first respondent was put in possession of the suit property. However there was no follow up action on the side of the petitioner to get the sale deed executed from the Tamil Nadu Housing Board in his favour. Therefore he was constrained to file the suit.