RAJA RATAN GOPAL SAINEHAR Vs. RAJENDRA PERSHAD

JUDGEMENT

(1.) RESPONDENTS filed O. S. No. 544 of 1975 against the petitioners in the. Court of II Senior civil Judge, City Civil Court, Hyderabad, for the relief of specific performance of an agreement of sale dated 28-01-1974. The trial Court dismissed the suit on 26-12-1978. Thereupon, the respondents filed CCCA no. 49 of 1979 before this Court. The appeal was allowed through judgment dated 09-09-1986 and the suit was decreed. Respondents were directed to deposit the balance of consideration of Rs. 57,3007-, with interest at 6% per annum from 28-08-1974, within two months from the date of decree. A default clause was also incorporated. The said decree became final.

(2.) THE respondents filed E. P. No. 81 of 1999 on 24-09-1999. Apart from raising several objections to the E. P. , petitioners filed I. A. No. 1182 of 2001, with a prayer to rescind the agreement of sale under section 28 (1) of the Specific Relief Act (for short 'the Act' ). The trial Court allowed the i. A. , through its order dated 27-08-2002. The respondents filed C. R. P. No. 4276 of 2002 before this Court. The C. R. P. was allowed vide order dated 08-09-2004. In view of this, it became necessary for the Executing Court to proceed with the E. P.

(3.) THE Executing Court allowed the E. P. through its order dated 03-02-2006, and directed the petitioners to execute the sale deed. Alleging that certain important contentions advanced by them, such as limitation and non-compliance with the conditions in the decree, were not taken into account by the Executing Court, the petitioners filed E. A. No. 88 of 2006, under section 114, read with Order XLVII C. P. C. , with a prayer to review the order dated 03-02-2006. The review petition was dismissed on 04-06-2007. Hence, this c. R. P. , against the order in E. P. No. 81 of 1999.