N ARUMUGAM Vs. M THANGARAJ AND OTHERS

JUDGEMENT

(1.) The appellants in the Second Appeal in S.A.No.713 of 1991 has filed the above Review Application to review the Judgment and Decree passed in the above Second Appeal on 12.07.2002.

(2.) The respondent/plaintiff filed the suit in O.S.No.356 of 1982 on the file of the District Munsif Court, Sivagangai for specific performance. In the plaint, the respondent/plaintiff has stated that he entered into an agreement of sale with the appellants/defendants on 29.06.1982 agreeing to purchase the suit property for a sum of Rs.2,000/- and paid the said sum of Rs.2,000/- on the date of agreement itself. Further, the respondent/plaintiff had stated that the parties agreed to have one year time for the execution of the sale deed. Since the appellants/defendants failed to execute the sale deed in favour of the respondent/plaintiff, the respondent/plaintiff filed the suit in O.S.No.356 of 1982 for specific performance on 05.10.1982. The appellants/defendants filed their written statement and contested the suit.

(3.) The trial Court, taking into consideration the oral and documentary evidences let in by both sides, dismissed the suit. Aggrieved over the dismissal of the suit, the plaintiff preferred an appeal in A.S.No.82 of 1990 on the file of the Sub Court, Ramanathapuram at Madurai and the lower Appellate Court reversed the Judgment and Decree of the trial Court and decreed the suit. Aggrieved over the Judgment and Decree of the lower Appellate Court, the defendants preferred the above Second Appeal.