ORDER

This appeal by special leave arises from the judgment of the learned Single Judge of the Karnataka High Court, made on July 30, 1984 in Second Appeal No. 646 of 1976.

2. The appellant had filed a suit for specific performance of the sale agreement date August 9, 1959 in respect of the land in Village Linganur for a consideration of Rs. 10,200/-. It is the case of the appellant that he paid as part consideration a sum of Rs. 501/- on the said date and a further sum of Rs. 700/- on March 4, 1960. In the meanwhile, the defendant filed suit No. 9/60 for possession of the said properties. The suit was decided in his favour on November 9, 1971. The appellant, therefore, issued notice for the first time on August 22, 1972. Thereon, the respondent denied execution of agreement. Then the appellant filed the suit on November 5, 1972. Thus, according to the plaintiff the suit was filed within limitation. The respondent has denied the execution of the agreement of sale, but the courts below have found that it is one of money transaction. It is, therefore, clear from Suit No. 9/60 itself that he had asserted to be the owner of the property and the property is unencumbered property. Therefor