SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2016 Supreme(Mad) 1680

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
V.M. Velumani, J.
V.S. Sridharan – Appellant
Vs.
Baby Mehala – Respondent
C.R.P.(MD) No. 591 of 2016(PD) and C.M.P.(MD) No. 2611 of 2016
Decided On : 23-03-2016

Advocates Appeared:
For the Appellant : N. Krishnaveni
For the Respondents: A. Arumugam for T. Muthuvel

Headnote:

Specific Relief Act - Section 28 - Limitation Act - Article 59 – Civil Procedure Code,1908 - Section 47 - Condone delay - Execution of sale deed - Petitioner is defendant/judgment debtor and respondent is plaintiff/decree holder in suit in O.S. - Respondent filed a suit for specific performance of an agreement of sale before Additional Subordinate Court suit was decreed ex-parte for non-filing of written statement on - As per decree petitioner has to receive the balance sale consideration and execute sale deed - Three months time was granted - Petitioner filed I.A. of praying for order to rescind agreement between petitioner and respondent as respondent failed to deposit balance sale consideration before trial Court on time - Respondent deposited balance sale consideration after one year and therefore respondent is not entitled to execution of sale deed - Held, This Court in of judgment supra has held that application for rescission of contract must be filed within period of limitation of three years - Court present case petitioner has not filed application to rescind agreement within three years from date when according to petitioner respondent has committed default in depositing of balance sale consideration or within three years from date when Court executed sale deed in favor of respondent - In facts of present case judgments relied on by learned counsel for petitioner are not applicable to facts of present case - Petitioner knowing fully well that deposit of balance sale consideration by respondent as well as execution of sale deed was not diligent enough in taking proceedings to rescind agreement of sale - Civil Revision Petition is Dismissed.

ORDER :

V.M. Velumani, J.

1. This civil revision petition has been filed to set aside the fair and decreetal order dated 24.02.2016 passed in I.A. No. 1260 of 2014 in O.S. No. 714 of 2001 by the Second Additional Subordinate Judge, Tiruchirapalli. The petitioner is the defendant/judgment debtor and the respondent is the plaintiff/decree holder in the suit in O.S. No. 714 of 2001. The respondent filed a suit for specific performance of an agreement of sale before the II Additional Subordinate Court, Tiruchirappalli. The suit was decreed ex-parte for non-filing of written statement on 06.08.2003. As per decree, the petitioner has to receive the balance sale consideration and execute the sale deed. Three months time was granted. The respondent deposited the balance sale consideration on 30.07.2004. The petitioner filed I.A. No. 54 of 2005 to condone the delay of 431 days in filing a petition to set aside the ex-parte decree. The said application was dismissed for default on 02.08.2005. The petitioner filed I.A. No. 101 of 2009 to condone the delay of 1325 days in filing a petition to restore the said petition. The said application was dismissed on 11.10.2011. Against that order, civil revision petition was filed by the petitioner before this Court and the same was dismissed. The petitioner filed I.A. No. 1260 of 2014 praying for order to rescind the agreement between the petitioner and the respondent, as the respondent failed to deposit the balance sale consideration before the trial Court on time. The respondent deposited the balance sale consideration after one year and therefore, the respondent is not entitled to execution of sale deed. The respondent filed E.P. No. 59 of 2004. Subsequently, the respondent filed E.P. No. 27 of 2005 for cost of the suit and sought the attachment of Rs. 3 lakhs deposited on 04.08.2004 by her. Both E.Ps were dismissed on 12.10.2006. Subsequently, the respondent filed E.P. Nos. 105 and 106 of 2006 and the same were allowed and sale deed was executed in favour of the respondent 14.09.2007. The valuable property of the petitioner was sold for meagre amounts. Therefore, the petitioner filed application under Section 28 of the Specific Relief Act to rescind the contract.

2. The respondent in the counter denied all the allegations made by the petitioner. The respondent has paid balance sale consideration nearly 11 years back in E.A. No. 3809 of 2004. After depositing all the amount, the Court executed the sale deed in favour of the respondent. The respondent filed E.A. No. 106 of 2006 for possession of the property and the same was allowed ex-parte. Thereafter, the petitioner filed E.A. No. 18 of 2007 and the same was also disposed of and the sale deed was executed in favour of the respondent on 14.09.2007. The petitioner has not filed any appeal against the said order. The petitioner filed E.A. No. 7 of 2009 to set aside the ex-parte order and the same was dismissed on 21.01.2014. Against the said order of dismissal, the petitioner filed C.M.A. No. 47 of 2014 before this Court and the same was dismissed on 23.04.2014. Again, the petitioner filed a Special Leave Petition in S.L.P. No. 16883 of 2014 and the same was returned by the Hon'ble Apex Court. The petitioner filed a petition under Section 47 C.P.C., before the I Additional District Court and the same was dismissed. Against that order, petitioner filed civil revision petition in C.R.P. No. 1593 of 2014 and the same was dismissed by this Court. The claim of the petitioner to rescind the contract filed after almost 11 years of deposit of balance sale consideration is barred by limitation.

3. The learned Judge considering all the facts and materials on record and the judgment relied on by the learned counsel for the parties, dismissed the application along with other applications by a common order. Against the said order of dismissal, the present civil revision petition is filed.

4. The learned counsel for the petitioner contended that the learned Judge























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top