G.JAYACHANDRAN
R. Venkatachalam – Appellant
Versus
Tmt. Kullammal – Respondent
The revision petitioner is the decree holder in the suit for specific performance based on the sale agreement dated 22.04.1983 with the defendant.
2. The suit is in respect of 4 items of properties. The Trial Court in O.S.No.778/84 as well the first appellate court in A.S. No. 105/93 have held in favour of the revision petitioner. Consequent to the decree of specific performance, sale deed has been executed by the Additional District Munsif, Dindigul in E.P.No.10/98 on 19.04.2001. Thereafter, the revision petitioner has filed execution petition for delivery of possession in E.P. No. 268/2002.
3. Delivery of items 1 to 3 were recorded on 18.03.2008. In respect of 4th item of property, execution petition was closed since the survey number of the property was not in consonance with the four boundaries. The revision petitioner has filed the subsequent execution petition in E.P.No.77/2012, wherein the description of the property, he has stated that the property to be delivered is 40 cents of land in S.No.524/13 in Periyakottai Village bounded by the punja lands of Nagammal-South, Rengasamy-West, Ayyarmalar-North and Paraipatti Road-East. As a note, he has stated that though in the
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