( 1 ) THIS is plaintiff's first appeal from the judgment and decree dated 1-4-1993, delivered by Sri r,h. Raddi, Principal Civil Judge and CJM. , Shimoga, in Original Suit No. 109 of 1986, refusing to grant the decree for specific performance of contract, sought in the suit, and in alternative granting the decree in part with full costs, for an amount of Rs. 2,002/- with interest at the rate of 18 per cent per annum from 27-10-1983, till realisation of the entire amount against the defendants.

( 2 ) THE facts of the case in the nutshell according to the plaintiff's case, are that Smt. Sakamma entered into an agreement with the plaintiff on July, 2, 1983 and agreed to sell the suit schedule property in favour of the plaintiff-appellant for a sum of Rs. 1,06,001/- and took an advance of rs. 1,001/- on the date of the agreement. Under that agreement, it was agreed that she will execute the sale deed within 4 months from the date of agreement, after having agreed to receive the balance of sale price of Rs. 1,05,000/- before the Sub-Registrar. It was agreed that expenses necessary for the registration and stamp papers would be taken by the plaintiff-appellant. Before expiry of the peri

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