M PUNNIAH Vs. G ANANDAM

JUDGEMENT

(1.) 1. This Civil Revision Petition has been referred to Bench by Muktadar, J. The learned Judge felt that the interplay and mutual operation of Sub-Section (3) of Section 28 & Section 22 of the SPECIFIC RELIEF ACT, 1963, 1963, being a matter of frequent occurrence, should be pronouced upon by a Bench. It is necessary to state the relevant facts briefly.

(2.) Plaintiff filed the suit for specific performance of a contract of sale with respect to a land. According to him, out of a total consideration of Rs. 3,200/- he paid a sum of 2,000/ on the date of the agreement and was put in possession of land. The balance was payable at the time of execution and registration of the sale deed. The Plaintiff leased back the said land to the defendant on the same day. The defendant failed to execute a lease-deed as per the agreement, nor did he pay the rent due. Accordingly the plaintiff asked for the following relief.

(3.) The plaint contains the following recital which is relevant for the purpose of this revision petition ; "The plaintiff reserves the right of filing a separate suit for recovery of Makhta and other reliefs".