HULUVADI G. RAMESH, J.

( 1 ) THIS second appeal is filed by the defendants being aggrieved by the judgment and decree by the District Judge in RA 326/1989 dated 28. 2. 2000 in setting aside the judgment and decree of the 1 Addl. Civil Judge, Belgaum in OS 105/1983 in so far as rejecting the relief of specific performance of the contract.

( 2 ) SUIT OS 105/1983 was filed by plaintiff/respondent before the Civil Judge, Belgaum for specific performance of contract against the defendants in respect of the suit schedule property. e. , property in CTS 1438/1 measuring 91 x 14 sq. mtrs situate at Belgaum and also for a direction to execute the sale deed in favour of the plaintiff accepting Rs. 17,000/- and put the plaintiff in possession of the property and in the alternative, to pass a decree for refund of earnest money of Rs. 12,000/- with interest and to award compensation.

( 3 ) DEFENDANTS 1 to 3 and 5 are the owners of the suit property and defendant 4 is the general power of attorney holder for defendants 1 to 3 and 5. The suit property was agreed to be sold to the plaintiff for a sum of Rs. 29,000/- Accordingly, they entered into an agreement on 27. 8. 1997 and paid an advance o

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