JUDGMENT :

P.G.M. Patil, J.

Defendant Nos.3 and 4 being aggrieved by the judgment and decree dated 29/11/2010 passed in RA No.208/2003 setting aside the judgment and decree passed by the II Additional Civil Judge (Sr.Dn), Dharwad, in O.S.No.73/1995 dated 28/8/2003 have filed this regular second appeal.

2. The status of the parties is referred to as per their ranking before the trial Court.

3. The plaintiff filed the above said suit initially for specific performance in respect of R.S.No.120A measuring 21 guntas and 13 annas of Anniggeri village, taluk Navalgund out of which 10 gunta 13 annas is the subject matter of the suit.

4. The plaintiff alleged that defendant Nos.1 and 2 are the owners in possession of the said land and they have executed an agreement of sale on 6/7/1994 agreeing to sell the suit property in favour of the plaintiff at the rate of Rs.8.00 per sq.ft. on the date of agreement of sale, a sum of Rs.20,000/- was paid as earnest money and unregistered agreement of sale was executed by defendant Nos.1 and 2 in favour of the plaintiff. It was also agreed to complete the sale transaction within a period of three months from the date of agreement of sale. Since defendant Nos