This Revision is directed against the fair and decreetal order passed by the learned Subordinate Judge, Udhagamandalam in E.A.No.37/2008 in E.P.No.48 of 2007 in O.S.No.115/1999. The petitioner/ judgment debtor before the lower court is the petitioner herein and the respondent/decree holder is the respondent in this revision.

2. Thebrief facts which are necessary for the disposal of the revision would be as follows:

The petitioner who was a judgment debtor in O.S.No.115/1999 dated 110. 2004, had preferred an appeal in A.S.No.6/2005 before the learned District Judge, Nilgiris at Udhagamandalam, and the said appeal was dismissed by the said court confirming the judgment and decree passed by the lower court and the said suit was originally filed by the respondent as plaintiff for specific performance of the agreement said to have been entered into between the respondent and the petitioner for selling the property belonging to the petitioner for consideration mentioned there in and for return of money in alternative to the plaintiff and the said suit was decreed for alternative relief of return of money by the plaintiff disallowing the claim of specific performance. The First