Judgment

Altamas Kabir, J. —

1.The special leave petition arises out of OS No.8198 of 1995 filed by the petitioner herein for specific performance of an Agreement for Sale dated 18th May, 1995, executed by the respondent No.1 in respect of the suit properties and for a direction upon the respondent to execute a sale deed in his favour and to deliver vacant possession of the suit land.

2.The case made out by the petitioner is that in view of the Agreement for Sale dated 21st February, 1995, executed by the respondent No.1 in his favour for a total consideration of Rs.4,30,000/-, he paid Rs.1,00,000/- in cash to the respondent No.1 as an advance towards the sale price when the said agreement was executed. Thereafter, several amounts were paid by the plaintiff to the respondent No.1 amounting to Rs.2,05,000/- in total. It was also mentioned in the plaint that the respondent No.1 had projected himself to be the owner of the suit property, being site No.18, in Survey No.51/3A situated at Byrasandra 35th Division of Bangalore, having purchased the same from one Prasanth M. Kumar, who is now the respondent No.2 in the present Special Leave Petition. The respondent No.1 assured the plaintiff