JUDGMENT :

H.P. Sandesh, J.

This appeal is filed by the 2nd defendant who is the subsequent agreement holder, challenging the judgment and decree passed in O.S. No.2666/2000 dated 17.01.2011 on the file of XXVII Additional City Civil Judge (CCH-9), Bengaluru granting the decree for specific performance in favour of the plaintiff.

2. The parties are referred in the original ranking for the convenience of the Court in order to avoid the confusion.

3. The brief facts of the case are that; defendant No.1 was allottee of the suit schedule property under Lease-cum-Sale Agreement executed by defendant No.3 dated 21.07.1989 under the registered document. Accordingly, defendant No.1 was put in possession of the suit schedule property on 21.07.1989 by issuing Possession Certificate. It is the case of the plaintiff that defendant No.1 negotiated with the plaintiff to sell the same and it was agreed to sell for sale consideration of Rs.1,60,000/-. The first defendant has received Rs.75,000/- in cash as advance sale consideration. 'Defendant No.1 had executed an agreement of sale on 15.07.1993 in favour of the plaintiff and he undertook to produce all the original documents and to register the sale