( 1 ) THIS is the plaintiffs second appeal under Section 100 of Code of Civil Procedure against the judgment and decree dated 11-9-1986 passed in Regular Appeal No. 29 of 1983, Gavigowda v kalegowda and Others passed by the Civil Judge, holenarasipura dismissing the plaintiffs appeal arising out of judgment and decree dated 20-10-1981 passed in O. S. No. 70 of 1978, confirming the judgment and decree of the Trial Court dismissing the plaintiff-appellant's suit for specific performance of contract to execute the sale-deed as well as for injunction.

( 2 ) THE facts of the case in brief are, that the property in suit did originally belong to Bettegowda and Byregowda. According to the plaintiffs case, as Bettegowda and Byregowda were not keeping in good health, they entrusted the plaintiff with the suit schedule property to cultivate the same on wara basis. The plaintiff further alleged that Byregowda sold his share to defendant 1, but possession of the suit property, after the death of Bettegowda and Byregowda continued with the plaintiff-appellant. The plaintiff further alleged that, after the death of Bettegowda and Byregowda the first and second defendants agreed t