Judgment-

KANIA

( 1 ) THIS is an appeal from a judgment and order of a learned single Judge of the Karnataka High court.

( 2 ) ONLY a few facts are necessary to appreciate the controversy raised before us.

( 3 ) THE appellant herein was the plaintiff in Original Suit No. 103 of 1981 in the court of 2nd Additional Civil Judge, Belgaum. It was the case of the appellant in the plaint that on 16/07/1976 the respondent defendant entered into an agreement in his favour for sale of the suit property comprising a shop and a bhatti room situated at Kirloskar Road, belgaum City for a sum of Rs. 20,000. 00. The appellant paid to the respondent as part consideration a sum of Rs. 5,000. 00 and pursuant to the agreement for sale the appellant was put in possession of the suit property. The sale agreement provided that the registered sale deed was to be executed by the respondent after securing a no Objection Certificate or permission from the competent officer as required under the Karnataka urban Land Ceiling Act and within one month of the grant of such permission. The respondent received the No Objection or permission as aforesaid on 31/03/1981 but failed to execute the registered deed of sale