K S VENKATA RAMAN Vs. PREM JEEVAN

JUDGEMENT

(1.) THESE two revisions arise out of execution proceedings initiated in O.S. No. 404 of 2005 on the file of the XIV Additional Chief Judge (Fast Track Court), City Civil Court, Hyderabad.

(2.) THE petitioner filed the suit against the respondents for the relief of specific performance of an agreement of sale, dated 27 -09 -2002, in respect of the property bearing No. 4 -1 -1151, Boggulakunta, Hyderabad. After contest by the parties, the suit was decreed on 25 -09 -2008. After the decree became final, the petitioner filed E.P. No. 132 of 2011. It was stated that according to the decree, the respondents were under obligation to execute the sale deed within a period of two months by receiving the balance of sale consideration, and though he offered to pay the balance of consideration within that time, the respondents refused to receive the same and have also avoided the execution of the sale deed.

(3.) AFTER receiving notice in the E.P., the 1st respondent filed E.A. No. 1 of 2012 with a prayer to dismiss the E.P. He stated that the petitioner was under obligation to pay the balance of consideration within two months, and since he did not comply with the same, the contract stood rescinded, and thereby the decree became inexecutable. The petitioner opposed the E.A., by filing counter. He pleaded that the time stipulated by the trial Court in the decree was for the respondents to execute the sale deed, duly receiving the balance of consideration and though he offered to pay the consideration, the respondents refused to receive it. The Executing Court allowed the E.A., through order dated 12 -04 -2012. C.R.P. No. 2807 of 2012 is filed against the said order.