The petitioner in E.A.No. 331 of 1988 in E.P.No.32 of 1982 in O.S.No. 98 of 1978 (defendant in the suit), Sub Court, Ottapalam, is the revision petitioner. The respondent herein is the respondent in E.A.No.331 of 1988 (decree holder-plaintiff in the suit). The defendant-revision petitioner filed E. A.No.331 of 1988 before the Sub Court, Ottapalam under S.28 of the Specific Relief Act, 1963 to rescind the contract dated 16-1-1976. The court below dismissed the petition, by orders dated 28-2-1990. The petitioner in the court below (defendant in the suit) has come up in revision.

2. I heard counsel for the revision petitioner, Mr. V.R. Venkatakrishnan, and also counsel for the respondent, Mr. V.P. Mohankumar and Mr. Gopikrishnan.

3. A few facts are necessary to resolve the controversy in this case. The revision petitioner-defendant had entered into an agreement with the respondent-plaintiff on 16-1-1976, ExtAl, to sell immovable property. The respondent filed O.S.No.98 of 1978 for specific performance of the contract The trial court (Sub Court, Ottapalam) dismissed the suit. In appeal by the respondent as A.S.No. 213 of 1979, the District Court, Palakkad decreed the suit and