Judgment :-

M.Y. Eqbal, J.

Leave granted.

2. This appeal by special leave is directed against the judgment and order dated 23.8.2011 passed by the High Court of Karnataka whereby Regular First Appeal No.396 of 2007 of the respondent was allowed, reversing the judgment of the trial court and dismissing the suit for specific performance of the agreement filed by the plaintiff-appellant.

2. The facts of the case lie in a narrow compass.

3. All disputes pertain to a self acquired property of the father of the respondent. The respondent’s father had four sons and three daughters. On 31.7.1988, transfer of Khata was executed by all brothers and sisters in the name of the respondent. After the demise of their parents, partition seems to have taken place on 14.12.2000 among brothers and sisters and the property in question is said to have fallen to the share of defendant, who was required to pay a sum of Rs.1,25,000/- to each of the brothers and sisters in lieu of their shares in the suit house. The plaintiff had paid Rs.1,25,000/- to all his brothers and sisters except brother Selva Pillai.

4. The respondent herein executed an Agreement for Sale in favour of the appellant on 15.12.2003 agreeing