JAGANNATHA SHETTY, J.

( 1 ) THIS appeal has been preferred against the judgment and decree dated November 24, 1973 made by the Prl. Civil Judge, mysore decreeing OS No. 30 of 1970 for specific performance of a contract. The facts are shortly as follows :-

( 2 ) MR. Venugopal was the owner of a house bearing Mun. No, 1869, situated at an important locality in Mysore City. He was residing there along with his wife ranganayakamma alias Rangamani. They were defendants in the suit instituted by govinda Narayan for specific performance of an agreement Ext. P-1 dated November 17, 1969. The case of the plaintiff was that both the defendants agreed inter alia to sell that house in his favour for Rs. 21,000 within three months therefrom. They received Rs. 3,000 as advance and the balance of Rs. 18,000 was agreed to be payable at the time of registration of the sale deed. The period of three months set out in the agreement for execution of the sale deed expired on February 17, 1970. The defendants, however, did not execute the sale deed. The plaintiff vainly waiting all the time with readiness to perform his part of the agreement, called upon the defendants to perform their part thereof. The d

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