This is a plaintiff's second appeal against the concurrent findings recorded by the Courts below that the plaintiff is not entitled to decree of specific performance and is only entitled to decree of recovery of money paid under the agreement of sale. In fact, the defendant has also filed cross-objections challenging the findings of the Courts below regarding the proof of execution of the agreement of sale and payment of consideration under the agreement of sale.

2. For the purpose of convenience, the parties are referred to as they are referred to in the original suit.

3. The subject matter of the suit is the non-agricultural land comprised in CTS No.2093/B measuring 2889.10 sq. mtrs. situated in Ayodhya Nagar within the limits of Hubli-Dharwad Municipal Corporation in CTS Ward No.5. Prior to its conversion, the schedule property was a part of the southern portion of R.S.No.16 measuring 29 guntas. For short, the said property is referred to as 'the schedule property'.

4. Defendant is the owner of agricultural land bearing schedule property. He was interested to sell the schedule property and the plaintiff was willing to purchase the same. The terms of sale and purchase of