JUDGMENT

S.B. Sinha, J.—Leave granted.

2. This appeal is directed against a judgment and order dated 09.03.2005 passed by a learned Single Judge of the High Court of Karnataka dated 09.03.2005 is RSA No. 266 of 2000 whereby and whereunder the Second Appeal filed by the Respondent herein was allowed decreeing the suit for specific performance filed by the plaintiff-respondent.

3. The facts relevant for this case are as under :

The Appellant was at all material times, the owner of agricultural lands bearing Survey Nos. 12, 13, 14 and 16 situated in Village Sheganayakanahalli Village, Sarjapur Hobli, Anekal Taluk. The parties hereto entered into an agreement for sale on or about 13.10.1982, wherefor a sum of Rs. 65,000/- was fixed as consideration. Allegedly, a sum of Rs. 16,500/- was paid to the Appellant by way of earnest money whereupon the Respondent was put in physical possession of the lands in question. Allegedly, a sale deed was to be executed and registered upon disposal of an appeal pending before the Karnataka High Court.

4. It is not in dispute that the Appellant had taken a sum of Rs. 42,000/- by way of loan from the Central Bank of India wherefor the original title deeds were