S. B. SINHA, J, J.

( 1 ) LEAVE granted.

( 2 ) DEFENDANT in a suit for specific performance of contract is before us aggrieved by and dissatisfied with a judgment and order dated 15. 09. 2005 passed by the High Court of Karnataka in R. S. A. No. 238 of 2000 whereby and whereunder the appeal preferred by Respondent No. 1 herein arising out of a judgment and decree dated 25. 01. 2000 passed in R. A. No. 5 of 1992 was dismissed.

( 3 ) AN agreement for sale was entered into by and between the defendant- appellant and the plaintiff - Respondent No. 1 for sale of 4 acres, 4 guntas of land in Survey No. 112/a, Chhidri village. A suit for specific performance of contract was filed by the plaintiff - Respondent No. 1 on the premise that the appellant did not perform his part of contract. The said suit was dismissed. It was, however, inter alia held by the Trial Court that respondent No. 1 was all along ready and willing to perform its part of contract. An appeal preferred thereagainst by the respondent No. 1 was dismissed.

( 4 ) THE First Appellate Court in arriving at its decision inter alia held:

(i) Respondent No. 1 without any reason withheld payment of balance consideration of Rs. 13