( 1 ) THIS appeal is preferred against the judgment and decree dated 29-11-1989 passed by the II Additional District Judge, Mysore in R. A. No. 21/1984. The facts necessary for the disposal of this appeal, briefly stated, are as under :

( 2 ) PLAINTIFF-RESPONDENT filed a suit against the defendant-appellant for specific performance of agreement of sale dated 26-8-1975 executed by the defendant in favour of the former. Plaintiff also prayed for an alternative relief for the damages in the sum of Rs. 6007-24 ps. Plaintiff's case can be briefly summarised as follows: Defendant was the owner of the suit house and plaintiff was a tenant in a portion of the same since 1966. Defendant entered into an agreement of sale of the suit property viz. , the southern half of the entire property for Rs. 14,000/ -. Rupees 2000/- was received as advance by the defendant. Defendant agreed to complete the sale transaction within 3 months from the date of agreement. In the agreement it was mentioned that the sale was for the purpose of discharging the prior encumbrances.

( 3 ) IT transpired that the defendant had earlier entered into an agreement of sale with one Smt. Dhondubai. This fact was not made kn

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