JUDGMENT :

The XI Additional City Civil Judge, Bengaluru dismissed the suit O.S.No.934/1982 for specific performance by his judgment dated 09.12.2004 and hence the plaintiff is in appeal before this Court.

2. Given a brief account of the pleadings, it is the case of the plaintiff that on 21.06.1980, he entered into an agreement with the defendants for purchasing a property measuring East to West 100 feet and North to South 50 feet in Sy.No.60/4 of Yediyuru village, Corporation Division No.34, Bengaluru City (referred to as ‘suit property’ herein after). The sale consideration fixed was Rs.1,47,075/-. The defendants received Rs.15,000/- from the plaintiff towards advance sale consideration or the earnest money, and agreed to execute the sale deed by receiving the balance of Rs.1,32,075/- after obtaining requisite permission from the competent authorities. Instead of taking action for obtaining permission, the defendants went on postponing the performance of their part of contract. The plaintiff became suspicious about bonafides of the defendants and got issued a legal notice on 12.06.1981 demanding of them specific performance of the agreement. The defendants issued a reply denying th