( 1 ) THESE regular first appeals have gained access to this Court under the provisions of Section 96 of the CPC assailing the judgment and decree passed by the learned XII Addl. City Civil Judge, bangalore, in O. S. No. 2799/1987 by which verdict, the learned Judge has decreed the suit of the first respondent herein by judgment dated 5-3-1998, partly.

( 2 ) FOR the sake of brevity, the parties shall be referred to according to their ranking in the trial court, in that the Appellant and respondents 2 and 3 are the defendants and first respondent was the plaintiff.

( 3 ) THE factual matrix manifesting from the records reveals - Subhash Chand Goel instituted a suit under the provisions of Section 26 CPC seeking a decree for specific performance of the contract under two agreements dated 29-10-1979 purporting to be the agreements of sale between him and the first defendant in respect of immovable properties - popularly known as Block Nos. 1 and 2 bearing Municipal Nos. 4, 9/5, 6, 7, 8, 9, 10, 11, 11/2, 12, 12/3, 7/8, 38/158 formed out of sy. Nos. 27/1 and 29 situate at Mutton Stall Road, Mavalli, Bangalore. In the plaint, it was further averred that the 1st defendant, as the absolut

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