H. RANGAVITTALACHAR, J.

( 1 ) THIS is a defendant's second appeal. The respondent to this appeal is the plaintiff.

( 2 ) PARTIES will be referred to with reference to the rank in the trial Court.

( 3 ) THE plaintiff filed the suit for 'specific performance' of an agreement of sale dated 31-10-1975 by directing the defendant to execute the sale deed in his favour. He contended in the suit that the defendant is the owner of the land measuring 30 guntas in Survey No. 63/7 situated at Halanayakana Halli, Varthur Hobli, Bangalore South Taluk. By an agreement dated 31-10-1975, he 'agreed to sell', the said land for a sale consideration of Rs. 4,000/-, after receiving the sale consideration the defendant parted with the land, and agreed to execute the "sale deed", as and when the ban for selling the land, under the 'karnataka Prevention of Fragmentation and Consolidation of Holdings Act', 1966 (hereinafter referred to as an Act) was repealed. On 28-10-1993, after the Act was repealed plaintiff by a written notice called upon the defendant to execute the sale deed. Since, he refused to do so, he filed the suit.

( 4 ) THE suit was contested by the defendant. While admitting that he was the o

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