RAJENDRAN Vs. SUGUNA

JUDGEMENT

(1.) THIS Review Application has been preferred against the Judgment and decree dated 20.02.2012 passed in SA(MD)No.249 of 2010 by this Court.

(2.) THE respondent herein as plaintiff has instituted Original Suit No.58 of 2005 on the file of the District Munsif Court, Madurai for the relief of specific performance, wherein the present review applicants have been shown as defendants 2 to 5. THE trial Court has decreed the suit as prayed for. Against the Judgment and decree passed by the trial Court, an Appeal has been preferred in A.S.No.7 of 2007 on the file of the Principal Sub Court, Madurai, wherein the Judgment and decree passed by the trial Court have been reversed. Against the Judgment and decree passed by the first appellate Court, SA(MD)No.249 of 2010 has been preferred on the file of this Court and this Court has allowed the same and thereby set aside the Judgment and decree passed in Appeal Suit No.7 of 2007 and restored the Judgment and decree passed in Original Suit No.58 of 2005. In order to review the Judgment and decree passed in SA(MD)No.249 of 2010 the present Review Application has been filed.

(3.) IN SA(MD)No.249 of 2010 the substantial question of law raised is as to whether the plaintiff is always ready and willing to perform her part of contract and this Court after considering the available evidence on record has categorically found that the plaintiff has always been ready and willing to perform her part of the contract from the suit sale agreement dated 18.03.1992. IN fact this Court has considered various decisions accited by either side.