- (1.)The Civil Revision Petitioner herein is the applicant in I.A.No.446 of 2008 and the defendant in the suit in O.S.No.381 of 2005, on the file of the learned Principal District Court, Coimbatore. The civil revision petitioner has filed an interlocutory application in I.A.No.446 of 2008 praying to condone the delay of 509 days in filing the application to set aside the ex-parte decree passed against the revision petitioner on 08.07.2009 under Section 5 of the Limitation Act.
(2.)The short facts of the case are as follows: The respondents/plaintiffs entered into an agreement with the revision petitioner/defendant on 20.08.2003 for purchasing the suit property for a sale consideration of Rs.15,00,000/-. Out of the sale consideration, Rs.10,00,000/- was paid to the revision petitioner/defendant on the date of agreement as part sale consideration. As per the argument, the rest of the sale consideration of Rs.5,00,000/- was to be paid at the time of execution of sale deed and the agreement period was 20 months from the date of sale agreement ie.from 20.08.2003. The respondents/plaintiffs further stated that the revision petitioner/defendant was to hand over the title deeds of the suit property namely original release deed dated 31.12.1991 and original partition deed dated 09.04.2002 to the respondents/plaintiffs. As per the sale agreement, the revision petitioner/defendant did not come forward to execute the contract. Hence, the respondents/plaintiffs filed the suit in O.S.No.381 of 2005 for specific performance.
(3.)The revision petitioner/defendant has denied the averments of the plaint regarding the sale agreement, mode of payment and handing over of the original documents of the suit property. Further, the revision petitioner/defendant stated that the title deed of the suit property had been offered as security to one Janardhanan to assist the said Janardhanan in his business. Besides this, the revision petitioner had also signed some blank stamp papers and plain papers and given it on behalf of the said Janardhanan. Further, the revision petitioner/defendant has stated that the plaintiffs are strangers and do not have any connection with him.