Benjamin (deceased) v. M/s Kajaraj & Co rep. By its Proprietor S. S. Ramanathan Coimbatore
2010-07-07
G.RAJASURIA
body2010
DigiLaw.ai
Judgment :- 1. Inveighing the order dated 20.08.2008, passed in E.P.No.1 of 2007 in O.S.No.1538 of 1980 by the learned II Additional Subordinate Judges Court at Coimbatore, this civil revision petition is focussed. 2. Heard both sides. 3. Succinctly and precisely, the relevant facts shorn of unnecessary details, would run thus The deceased revision petitioner/Benjamin filed E.P.No.1 of 2007 before the Executing court for obtaining delivery of possession of the immovable property concerned, consequent upon the decree passed in specific performance of the agreement to sell. Indubitably and indisputably, in pursuance of the said decree the sale deed was executed, but as on the date of the filing of the EP for delivery, the sale deed was not released by the Registrar concerned on certain grounds. The Executing Court dismissed that execution application on the sole ground that there was no registered sale deed before it. Being aggrieved by and dissatisfied with the same, this revision is filed on the main ground that availability of the registered sale deed in stricto sensu is not a sine quo non for ordering delivery, as obtention of delivery through court is a right enured in favour of the decree holder pursuant to the decree for specific performance. 4. When the matter is taken up for hearing, the learned counsel for R-11 would submit that there are proceedings pending before the Honble Apex Court and the matter would be coming up for final hearing shortly. However, the learned counsel for the revision petitioners would submit that the Honble Apex Court granted stay at the request of the respondent subject to complying with certain conditions, but the respondent herein did not comply with the same and hence, the stay granted by the Honble Apex Court was vacated. 5. The learned counsel for the petitioners would make an extempore submission by producing the photo copy of the sale deed and submit that as of now the revision petitioner is in possession of the full fledged registered sale deed and there is no snag and the Executing Court is free to order delivery. 6. I could see considerable force in the submission made by the learned counsel for the revision petitioners.
6. I could see considerable force in the submission made by the learned counsel for the revision petitioners. Accordingly, the order of the lower Court in dismissing the E.P. is set aside and the matter is remitted back to the Executing court to reconsider the matter within a period of two months from the date of receipt of a copy of this order. Accordingly, this civil revision petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.