HARI NATH TILHARI, J.

( 1 ) THIS is defendant's appeal against the judgment and decree dated 14th June, 1988, delivered by Smt. Manjula Chellur, XI Additional City Civil Judge, Bangalore in Original Suit No. 3005 of 1983 (A. Lingappa Reddy v. N. Venkateshappa), decreeing the plaintiff's suit for specific performance of contract to execute the sale deed and directing the defendant appellant to execute the sale deed in respect of Sy. No. 71, measuring O. 10 guntas and 0. 25 guntas of land in Sy. No. 74/18, after having received the balance consideration of Rs. 78,000/ -. It further directed if the sale deed is not executed as directed, the plaintiff shall be at liberty to deposit the balance consideration of Rs. 78,000/- in Court and get the sale deed registered in his name, though a Commissioner to be appointed by the Court. The Trial Court further directed the defendant and restrained him permanently from interfering with the peaceful possession and enjoyment of the aforesaid land that is Sy. No. 71 measuring O. 10 guntas and Sy. No. 74/1-B, measuring 25 guntas. The defendant-appellant has challenged the entire decree.

( 2 ) THE facts of the case in the nut-shell are that the plaint

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