JUDGMENT

ORDER :—The petitioner, the unsuccessful plaintiff in the Courts below, seeks special leave to appeal to this Court from the judgment and decree dated 1st April, 1992 of the High Court of Karnataka in Regular First Appeal No. 37 of 1980 on its file, affirming the judgment and decree of dismissal dated 31st October, 1979 entered by the learned II Additional Civil Judge at Bangalore in O.S. No. 436/ 1973 of the petitioners suit for specific performance of an agreement to sell dated 7th May, 1970.

2. In his suit, the petitioner-plaintiff alleged that respondents 1 and 2 who are husband and wife, on their own behalf and on behalf of respondents 3 to 5, their children, agreed to sell, and the petitioner to purchase, the suit property for a consideration of Rs. 1,10,000/- and that respondents having failed to perform their obligations under the said agreement the petitioner is entitled to a decree for specific performance.

3. The execution of the suit agreement, Exhibit P-3, was not disputed. But having regard to the nature and circumstances under which the said agreement came into existence with its own peculiar terms, a question of construction of the instrument as to the nature