A.N. VENUGOPALA GOWDA, J.

1. Respondent No. 1 has filed O.S. No. 2329 of 2002 against respondent no. 2, in the City Civil Court, Bangalore, for passing of a decree for specific performance of an agreement of sale dated 17.12.1998 in respect of the plaint schedule property and for grant of consequential reliefs. For convenience, the parties would be referred to in this order, as per their rank in the suit.

2. It is the case of the plaintiff that the defendant executed an agreement of sale on 17.12.1998, agreeing to sell the suit property for a total sale consideration of Rs. 1,78,000/- and received a sum of Rs. 1,00,000/- on the same day and delivered vacant possession of the suit property in part performance of contract and agreed to complete the sale transaction within a period of three months. Alleging that the defendant did not come forward to complete the sale transaction, two notices were sent on 27.06.2000 and 03.10.2000 demanding compliance and there being no compliance, suit was instituted on 06.04.2002, for granting of the said reliefs. Defendant filed written statement dated 09.09.2005 and has inter alia contended that the plaintiff was not ready and willing to perform