MOHAN SHANTANAGOUDAR, J.—This appeal is filed by the original defendant in O.S. No. 4/2000 against the judgment and decree dated 13.12.2005 passed by the Civil Judge (Senior Division), Madikeri.

2. For the purpose of convenience, the parties are referred to as per their ranking before the Court below.

3. The suit property is a vacant land measuring 25 cents in Sy. No. 127 (renumbered as 127/14) identified as house site No. 2 of Uluguli Village, Somawar Pet Taluk, Kodagu District. The defendant is the owner of the suit property.

4. The case of the plaintiff is that the defendant entered into sale agreement as per Ex. P1 on 14.7.1998 agreeing to sell the suit schedule property to the plaintiff for a sale consideration of Rs.4,00,000/-. An amount of Rs.2,50,000/- was paid earlier to execution of Ex. P1 and the balance of Rs.1,50,000/- was to be paid at the time of execution of sale agreement. The period stipulated for completion of the process of executing the sale deed was one year from the date of agreement. On 15.7.1998, the defendant converted the land for non-agricultural purposes. Thereafter the defendant started delaying the process of execution of the sale deed. In the me