JUDGMENT :

PRASHANT KUMAR MISHRA, J.

1. The present Appeal is preferred against the impugned judgment and order dated 09.12.2009 passed by the Division Bench of the High Court at Bangalore in R.F.A. No. 418 of 2003, whereby the High Court set aside the judgment and decree dated 31.01.2002 passed by the learned Principal Civil Judge (Sr. Dn.) Mysore. Resultantly, the suit for specific performance filed by the appellant stands dismissed.

A. FACTUAL MATRIX

2. The appellant-Mohammed Khaleel was the original plaintiff who died during the pendency of the subject suit. The subject suit was contested by his legal representatives who are the appellants before us in this Appeal.

3. The appellant/original plaintiff and the respondent/original defendant entered into an agreement to sell on 20.12.1990 for a total sale consideration of Rs. 3,00,000/- for a vacant site measuring 100 feet by 78 feet. An amount of Rs. 25,000/- was paid by the appellant as earnest money and it was agreed that the sale deed shall be registered within four months and the balance sale consideration of Rs. 2,75,000/- would be paid before the Sub-Registrar at the time of registration of the suit property.

4. Under the said a