JUDGMENT

Leave granted.

2. We have heard the counsel on both sides. Admittedly the respondents are owners of the land measuring 5 acres 39 guntas in Bhoopasandra village, Kasaba Hobli, Bangalore North Taluk. An agreement dated 25-1-1991 was entered into between the appellants and the respondents. On the basis thereof the appellants filed a suit for perpetual injunction restraining the respondents from interdicting with his possession and further activities thereon. The written statement was filed taking certain stands. In paragraph 6 of the written statement, the respondents have stated thus :

"It is true that this defendant has entered into an agreement of sale with the plaintiff, agreeing to sell the suit schedule property on 25-1-1991 and for a sale consideration of Rs. 29-87,000/- and that day the plaintiff has paid sum of Rs. 2,50,00/- as token advance and agreed to pay a sum of Rs. 5,00,000/- within 2 weeks from the date of agreement and the balance amount shall be paid on or before 31-3-1992. But the possession of the schedule property was not delivered to the plaintiff at all. It is relevant to state here that the plaintiff has not acted upon as per the terms of the agreement