1. The respondent in the above C.R.P.No.2907 of 2009 has filed O.S.No.293 of 2001 on the file of the Subordinate Court, Namakkal, against the petitioner herein seeking a decree for specific performance on the basis of an agreement of sale, dated 11. 2000 said to have been executed by the petitioner in favour of the respondent herein.

2. The suit was dismissed for default on 112. 2005. The respondent herein filed I.A.No.522 of 2006 to set aside the order, dated 112. 2005 and restore the suit to file.

3. The petition was opposed by the petitioner herein.

4. Ona consideration of rival contentions, the trial court dismissed the petition.

5. Being aggrieved by that the respondent herein filed C.M.A.No.11 of 2007 before the Additional District Judge, (Fast Track Court), Namakkal. The lower appellate court allowed the appeal and being aggrieved by that the petitioner is before this Court.

6. Heard both.

7. The learnedcounsel for the petitioner in C.R.P.No.2907 of 2009 submitted that the lower appellate court has failed to consider that the respondent herein, who was a tenant in the suit property belonging to the revision petitioner entered into an agreement to purchase