K. SHIVASHANKAR BHAT, J.

( 1 ) THE appeal is by the first defendant, in a suit filed by tie 1st respondent herein for specific performance of an agreement of sale. Plaintiff and 1st defendant entered into an agreement of sale on 26-5-1980, whereby, the 1st defendant agreed to sell and plaintiff agreed to purchase a property situated in bangalore. 1st defendant was already in possession of residential portion of the property; the front portion has two shops which were then tenanted by others. The consideration for sale was Rs. 90,000/-, out of which a sum of Rs. 10,000/- was paid by the plaintiff at the time of the agreement (ex. D. 1 ). The plaintiff agreed to pay the balance sum of Rs. 80,000/- within six months from the date of the agreement i. e. , on or before 26-11-1980; the agreement stated that 1st defendant agreed to sign the sale deed after receiving this balance amount. The plaintiff had to bear the expenses of the sale deed. Plaintiff was already in possession of the house as a tenant and he had to take possession of the two shop portions from the tenants after the sale of the property and it was not for the 1st defendant to handover the possession of those shops to the

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