( 1 ) THE appellant Rachappa Mudakappa Palled in this second appeal, brought L. C. Suit No. 163/66 on the file of the Munsiff Gadag, against the defendants for the specific performance of the agreement of sale Ex. P-8 executed by the 1st defendant tippanna Almappa Kari on 16-6-63 agreeing to sell certain items of immovable properties or in the alternative for the refund of a sum of Rs. 1,000 paid by the plaintiff to the 1st defendant under the said agreement together with interest and some other conseqential reliefs.

( 2 ) THE defendants resisted the suit on several grounds.

( 3 ) THE trial court dismissed the suit as per its judgment and decree dated 26-3-70. The correctness of the said decree was challenged by the plaintiff in R. A. No. 274|1971 on the file of the Civil Judge, Gadag, which appeal came to be dismissed by the civil Judge as per his judgment dated 7-8-1963. Hence, this second appeal by the plaintiff.

( 4 ) SRI B. C. Sridharan, learned advocate appearing for the appellant, in the course of his arguments, confined himself only to the question of the plaintiff's entitlement for the refund of Rs. 1,000 paid by him on the date of the agreement.

( 5 ) IN v