Heard the learned Counsel for the appellant and the learned Counsel for the respondent.

2. The appellant was the plaintiff before the trial court and had filed a suit for specific performance of contract. It was stated that the defendant was the absolute owner of a property bearing No.10/6, 6th Main, Magadi Road Chord Road, Corporation Division No.29, Govindarajanagar, Bangalore – 560 040, which was morefully described in the suit schedule.

It was claimed that the defendant had need for money and therefore had approached the plaintiff and offered to sell the property and an agreement of sale was executed on 12.1.2000, under which the defendant had agreed to sell the suit property in favour of the plaintiff, for a sale consideration of Rs.4,50,000/. The defendant is also said to have received a sum of Rs.4,00,000/on the date of the agreement as advance sale consideration. The remaining amount of Rs.50,000/was to be paid at the time of execution of the sale deed, which was to be executed within three months from the date of the agreement, subject to the plaintiff paying the cost of registration and conveyance.

It is claimed by the plaintiff that he was ready with the balanc