N. Kumar, J.

1. This is a plaintiff's regular first appeal under Section 96 of the Code of Civil Procedure, against the Judgment and Decree of the Trial Court, which has declined to grant the relief of specific performance of the contract of sale.

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

3. The subject matter of the suit is landed property bearing Sy. No. 22/3 measuring 7-08 guntas and Sy. No. 270/1 measuring 0-02.08 guntas. Both are situated at Maranagere Village, Kasaba Hobli, Tiptur Taluk, situated within the boundaries mentioned in the schedule and herein referred to as the schedule properties.

4. The first defendant is the owner of the schedule property. He has offered to sell the schedule property to the plaintiff for a consideration of a sum of Rs. 53,75,000/-. An agreement of sale came to be executed on 21.07.2008 in favour of the plaintiff. Under the agreement, a sum of Rs. 1,00,000/- was paid. The receipt of which, the first defendant has acknowledged in the agreement itself. It is agreed the defendant No. 1 shall execute the registered sale deed in favour of the plaintiff within three months from the date of