THAYUMANAVAR Vs. MANIKKAMPILLAI

JUDGEMENT

(1.) The Review Application is directed against the judgment made in S.A(MD)No.318 of 2019, dtd. 29/7/2024 on the file of this Court, which is directed against the judgment and decree pased in A.S.No.3 of 2018, dtd. 11/9/2018 on the file of the Principal District Court, Tiruchirappalli, modifying the judgment and decree made in O.S.No.115 of 2016 on the file of the Subordinate Court, Thuraiyur.

(2.) Originally, the plaintiff filed a suit in O.S.No.522 of 2012 (O.S.No.115 of 2016) on the file of the Sub Court, Thuraiyur, claiming the relief of specific performance of the agreement of sale dtd. 29/3/2012 or in the alternative to refund a sum of Rs.5,00,000.00 with interest and costs. The first defendant filed a written statement admitting the case of the plaintiff. The second defendant filed a written statement disputing the case of the plaintiff. After full trial, the learned Subordinate Judge passed the judgment and decree, dtd. 30/10/2017, dismissing the suit with regard to the relief of specific performance of sale agreement, but decreed the suit, directing the first defendant to refund the amount of Rs.5.00 lakhs with interest and costs. Aggrieved by the said judgment and decree, the plaintiff preferred the appeal in A.S.No.3 of 2018 on the file of the learned Principal District Judge, Tiruchirappalli.

(3.) The learned Principal District Judge, Tiruchirappalli, upon considering the materials available on record and on hearing the arguments of both the sides, passed the judgment and decree, dtd. 11/9/2018, confirming the dismissal of the suit with regard to the relief of specific performance, but modified the judgment and decree of the trial Court to the effect, by directing the second defendant to pay the advance amount of Rs.5.00 lakhs with interest and costs.