JUDGMENT

Dr. B.S. Chauhan, J. —

1. This appeal has been filed against the judgment and order dated 2nd April, 2002 passed by the High Court of Karnataka at Bangalore in R.S.A No. 446 of 1996, reversing the judgment of the First Appellate Court dated 10.3.1999, passed in RFA No.133 of 1995; and restoring the judgment and decree of the trial court dated 15.11.1995 in O.S. No. 122 of 1992. The trial court had dismissed the suit of the plaintiff/appellant (hereinafter called the appellant) for specific performance.

2. Facts and circumstances giving rise to this appeal are that the appellant, D.R. Rathna Murthy, had purchased the land in question vide registered sale deed dated 23rd April, 1986 from one A.M. Venkatachalapathy Setty for a consideration of Rs. 10,000/-. On the very next day, the appellant sold the said land vide registered sale deed dated 24th April, 1986, to the defendant/respondent (hereinafter called the respondent) for consideration of Rs.10,000/- only and delivered the possession to him. In pursuance of the said sale deed dated 24th April, 1986, the respondent is in possession of the suit land. The appellant subsequently served a legal notice upon the respondent in