( 1 ) THIS appeal is preferred against the Judgment and decree dated 13-8-1981 passed by the Principal Civil Judge, Bangalore District, Bangalore in O. S. No. 61/1980.

( 2 ) THE facts relevant for the disposal of this appeal, briefly stated, are as under: Plaintiff filed a suit at O. S. No. 61/1980 before the Court of Principal Civil Judge, bangalore District praying for a decree for specific performance of the agreement said to have been taken place between him and defendant-1 on 21-1-1980 in respect of Sy. Nos. 23, 24, 26 and 27/3 of Gottigere Village, Bangalore District. In short the case of the plaintiff is as under : An agreement of sale of the aforesaid Sy. Nos. was entered into on 21-1-1980 between the plaintiff and defendant-1. The sale price was fixed at Rs. 1,46,000/ -. It was agreed that on the said date that plaintiff should pay rs. 39,000/- to defendant-1 and defendant-1 should deliver possession of the aforesaid lands to the plaintiff on 23-1-1980. It was also agreed that the sale deed should be executed within 60 days from 21-1-1980. The formal agreement in that behalf was required to be executed on 23-1-1980 and an amount of Rs. 1,001/- was also pa