M KAMALA KANNAN Vs. M MANIKANDAN

JUDGEMENT

(1.) THE Appellants in the Second Appeal have filed the above Review Petition to Review the Judgment passed in the above Second Appeal on 21.6.2011.

(2.) THE Respondent/Plaintiff filed the Suit in O.S. No.7479 of 1994 on the file of the XVII Assistant Judge, City Civil Court, Chennai for recovery of possession. The Petitioners/Defendants filed their Written Statement and contested the Suit. The Trial Court, after trial, decreed the Suit. Aggrieved over the same, the Petitioners preferred an Appeal in A.S. No.628 of 2008 on the file of the V Additional Judge, City Civil Court, Chennai and the Lower Appellate Court also confirmed the Judgment and Decree of the Trial Court. Aggrieved over the concurrent findings of the Courts below, the Petitioners preferred the above Second Appeal before this Court and this Court, while confirming the Judgment and Decree of the Courts below, directed the Respondent to deposit a sum of ?65,000/ - within a period of one month so as to enable the Petitioners to receive before executing the Decree of the Trial Court.

(3.) ACCORDING to the Defendants, as per the Agreement dated 14.5.1986, the Defendants agreed to sell the property to the Plaintiff for a sale consideration of Rs 1,15,000/ - subject to fulfillment of certain conditions. On 27.4.1987. the Defendants executed a conditional Sale Deed in favour of the Plaintiff. One of the condition was that the Plaintiff should pay the balance amount of Rs 65,000/ - within six months from 27.4.1987 (i.e.) on or before 27.10.1987. The possession was never delivered to the Plaintiff. Even after the expiry of the six months, the Plaintiff did not come forward to pay the balance sale consideration of Rs 65,000/ -. The contract of sale had lapsed and the title of the Defendants was confirmed. The alleged Sale Deed lost its validity on 27.10.1987. The Suit is barred by limitation. The Defendants are ready and willing to repay the sum of Rs 50,000/ -, if the Plaintiff returns the original Title Deeds. The Sale Deed executed on 27.4.1987 is null and void. The Plaintiff has not filed the Suit for Specific Performance and has not sought to declare his title.