N. Kumar, J.

This is the defendant's regular first appeal challenging the judgment and decree passed by the Trial Court on 4.10.2012 in O.S.No. 693/2005 decreeing the suit of the plaintiff for specific performance of agreement of sale dated 12.08.2004.

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

Facts of the Case

3. The subject matter of the suit is dry land with the house constructed thereon in Sy. No. 30/IA 13 measuring 3 acres, being a portion of Sy. No. 30 of Seegehalli Village, Krishnarajapura Hobli, Bengaluru South Taluk, Bengaluru, which is more particularly described in the Schedule to the plaint and hereinafter referred to as 'schedule property'

4. The case of the plaintiff is that, the defendant is the owner of the schedule property. On 12.08.2004, he entered into a contract of sale with the plaintiff for the sale of suit property for a consideration of Rs.75 lakhs. On the date of agreement, the defendant received a sum of Rs.10 lakhs from the plaintiff by way of demand draft dated 21.07.2004 drawn on City Bank, Bengaluru towards the advance of sale price. The defendant was required to perform all the o