( 1 ) THE instant appeal is filed to challenge the judgment and decree, dated 7-4-1994 in o. s. No. 4443 of 1990 on the file of the vi additional city civil judge, Bangalore, whereby the said judge had dismissed the suit of the appellant.

( 2 ) I heard the learned counsel for the appellant, Sri m. r. achar and the learned counsel for the respondent, Sri g. Lingappa. I have also perused the records.

( 3 ) THE facts in brief leading to the above appeal are as follows: that the appellant had filed suit in o. s. No. 4443 of 1990 on 30-7-1990 for a decree for specific performance of agreement of sale, dated 9-6-1988 executed by the respondent for sale of site bearing No. 67, formed by the Bangalore development authority in a layout called further extension of mahalakshmi layout, Bangalore, measuring 12. 20 metres into15. 50 + 14. 65 / 3 metres, that the sale consideration of Rs. 85,000/- and cash payment of Rs. 20,000/- was paid by the appellant to the respondent on the same day as advance amount, that the said site was allotted by the Bangalore development authority to the respondent under a letter of allotment, dated 5-5-1984 marked as ex. D-3 and the possession wa