Judgment

A.K. Mathur, J.—This appeal is directed against an order passed by learned Single Judge of the High Court of Karnataka at Bangalore in Regular Second Appeal No. 68 of 1994 whereby learned Single Judge by his order dated October, 17, 1997 has allowed the second appeal of the defendant No.1 and set aside the order passed by the trial court and the first appellate court and dismissed the suit filed by the plaintiff for specific performance but decreed the suit of the plaintiff for the alternative relief for refund of the purchase money of Rs. 15,000/- with future interest and the court costs from Defendant No.1 Aggrieved against this order the Special Leave Petition was filed by the plaintiff.

2. Brief facts for disposal of this appeal are that the Defendant No.1 was the owner of the suit property which is a house bearing HDMC No. 715 comprised in CTS No. 1529/16-C situated at Hubli. Defendant No.1 agreed to sell the suit property to the plaintiff on March 13, 1981 for a sum of Rs. 15,500/- and received an advance of Rs. 2,000/- and executed an agreement for sale agreeing to execute the sale deed within two months after obtaining necessary permission. The plaintiff assisted the