TIRATH SINGH THAKUR, J.

( 1 ) THIS is a Defendant's Appeal arising out of a suit for specific performance tried and decreed against him by the III Additional city Civil Judge, Bangalore. A few facts that have led to the filing of this Appeal may be stated first: the Defendant/appellant before us is the absolute owner of the suit property comprising a two-storeyed house situated at 5th Main Road, 'a' Block, Rajajinagar, Second Stage, bangalore-560 010. By an Agreement to Sell, dated 3rd January, 1985, the Appellant agreed to sell the said property to the respondent-Vendee for a total sale consideration of Rs. 6,30,000/ -. The Agreement, execution whereof is not in dispute interalia, envisaged the following:" (I) Out of the total consideration of Rs. 6,30,000/- the vendor acknowledged the receipt of Rs. 50,000/- as advance and agreed to receive the balance of rs. 5,80,000/- at the time of registration of the sale deed; (ii) The sale deed was to be executed and registered within six months from the date of the execution of the agreement to sell; (iii) The Vendor had to secure a sale-deed in his favour from the B. D. A. in respect of the property in question within the time granted for

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