J U D G M E N T

A.Muhamed Mustaque, J.

These appeal and revision are between the same parties. The dispute relating to these matters arise out of the sale agreement entered into between them. The appellant succeeded in the suit for specific performance before the Principal Sub Judge, Kollam. He obtained a relief of performance of agreement of sale. The decretal portion however was onerous and looked as inequitable for the plaintiff, as he was burdened with payment of 9% quarterly compound interest from the date fixed for performance of the agreement till he makes deposit of the balance consideration before the court. Accordingly, the plaintiff filed R.F.A.No.412/2016.

2. This Court, while admitting the appeal on

10/10/2017 directed the appellant-plaintiff to deposit the balance sale consideration in terms of the agreement of sale within one month. On 13/11/2017, the appellant-plaintiff deposited Rs.25 lakhs out of Rs.70 lakhs payable towards balance sale consideration. It is to be noted that while decreeing the suit, the Principal Sub Judge had not fixed time to deposit the balance sale consideration. Thereafter, the defendant filed an application as I.A.No.1279/2016 in O.S.No.542/201