JUDGMENT :

G Narendar, J.

Heard the learned counsel for the petitioner and the learned counsel for the first respondent. The second respondent though served has remained unrepresented.

2. The case of the petitioner is that second respondent had executed an alleged agreement of sale in respect of the lands owned by him and comprised in survey No.66/2, measuring 171/2 guntas situated in Anneswara village, Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District and subsequently by a registered sale deed dated 20.08.2007 he has executed an absolute sale deed in favour of the petitioner. That in the interregnum on 06.02.2007 the second respondent had executed a sale agreement to the first respondent herein-the plaintiff.

3. It is the case of the first respondent that he has paid a sum of Rs.9,00,000/- on the execution of the agreement in the following manner:-

(a) Rs.1,00,000/- in cash.

(b) Rs.4,00,000/- through Cheque bearing No.449944 dated 08.02.2007 drawn on Syndicate Bank, Ganganagar Branch, Bangalore.

(c) Rs.4,00,000/- through Cheque bearing No.449949 dated 12.02.2007 drawn on Syndicate Bank, Ganganagar Branch, Bangalore.

4. That the total sale consideration agreed upon between the firs