( 1 ) THE appellant is the plaintiff filed the suit initially for a direction against the defendant to execute the sale deed by receiving a sum of Rs. 22,000/- on the ground of right of preemption. Later on, the plaintiff amended the plaint set up the agreement for sale dated 7-9-1984 and sought relief of specific performance.

( 2 ) IT is the case of the plaintiff that himself and his brother one beerappa got divided under Ex. P. 5 dated 8-2-1984. The suit property which is allotted to the brother of the plaintiff is sold to defendant under ex. D. 3 dated 5-9-1984 for a sum of Rs. 32,000/ -. The plaintiif entered into an agreement for purchase of the same under Ex. P. 1 dated 7-9-1984. The plaintiff has no knowledge that the consideration under ex. D. 3 is Rs. 32,000/ -. Under Ex. P. 1 the total sale consideration agreed is Rs. 95,000/-, an advance of Rs. 10,000/- was paid at the time of ex. P. 1. The sale is to he completed within 40 days from the date of Ex. P. 1 by paying the balance of consideration. The plaintiff issued notice as per Ex. P. 2 to the defendant to receive a balance of consideration and to execute the sale deed. The defendant replied as per Ex.