1. Being aggrieved by the rejection of their prayer to grant the relief of specific performance, the plaintiffs of an original suit bearing O.S.No.87/2010 which was pending on the file of the Court of Senior Civil Judge, Madikere, have filed this appeal under Section 96 of CPC. Respondents are the defendants in the said suit.

2. Facts leading to the filing of this appeal are as follows:

Defendants are the absolute owners in possession of 6.55 acre in Sy.No.81 of Bychanahalli Village of Somwarpet Taluk, Kodagu District. The defendant No.1 is the mother of remaining defendants and wife of one late B.V.Yogananda. The said Yogananda and the defendants, according to the plaintiffs, had agreed to sell 6.11 acres in out of total extent of 6.55 acres in Sy.No.81 to the plaintiffs for a total consideration of Rs.1.5 crores and in this regard, executed an agreement of sale on 13.09.2008. It is the further case of the plaintiffs that on 13.09.2008 itself, defendants received a sum of Rs.46 lakhs through three cheques i.e.,

1) Rs.25 lakhs drawn on I.O.B, Mysore,

2) Rs.13 lakhs drawn on Karnataka Bank Limited, Somwarpet,

3) Rs.8 lakhs drawn on Corporation Bank, Somwarpet and Rs.49 lak