JUDGMENT :

N.S. SANJAY GOWDA, J.

1. The 2nd defendant-purchaser is in second appeal.

2. Facts relevant for the disposal of the appeal are as follows:

The plaintiff/1st respondent herein filed a suit seeking to enforce the Agreement of Sale dated 26.06.1996 which was stated to have been executed by the 1st defendant- Narayanappa in his favour. Under the said Agreement of Sale, the sale consideration had been fixed at Rs. 1,00,000/- and sum of Rs. 95,000/- had been paid as advance and plaintiff was stated to have been put in possession. The balance consideration thus payable was Rs. 5,000/-.

It was the case of the plaintiff that the suit property had been granted in favour of the 1st defendant by the Tahsildar and a grant certificate had been issued to him on 23.01.1995 and the Agreement stipulated that seller was required to obtain permission from the Government and after obtaining permission, he was required to inform the purchaser and within a week thereof, the sale was to be concluded. It was stated therein that a sum of Rs. 53,000/- out of the advance amount of Rs. 95,000/- was paid to Narayanappa, who was the holder of an earlier Agreement of Sale and further, sum of Rs. 26,000/- wa