R.SUBRAMANIAN
A. M. Adhil Badusha – Appellant
Versus
Sucharitha Anand – Respondent
R. Subramanian, J.
1. The appellant whose appeal against the dismissal of the suit for specific performance in O.S. No. 2 of 2008 was partly allowed has come by way of this review application. The facts that led to the filing of the above review application are as follows:
2. The appellant, as the plaintiff had filed the suit in O.S. No. 2 of 2008 on the file of the District Court Nilgiris, Udhagamandalam seeking specific performance of the agreement of sale dated 03.07.2006.
3. According to the plaintiff, the defendants had agreed to convey an extent of 1 acre and 10 cents of land in R.S. No. 248/1 at Ootacamund Rural Village. The said suit was resisted by the defendants contending that the agreement was executed as security for certain borrowings.
4. The Trial Court had accepted the plea of the defendants and had dismissed the suit in to. Aggrieved by the said dismissal, the plaintiff had preferred the appeal in A.S. No. 701 of 2009 before this Court. The appeal came to be disposed of on 05.10.2012 by this Court. While concluding that the agreement is true and valid and that the plaintiff is entitled to specific performance, this Court had decreed the suit in respect of the
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