JUDGMENT :

S. SUJATHA, J.

This appeal is directed against the judgment and decree dated 06.06.2011 passed in O.S.No.729/2008 on the file of the II Additional Senior Civil Judge, Mysore (‘Trial Court’ for short), whereby the suit of the plaintiff has been decreed in part with costs.

2. The parties are referred to as per their status before the Trial Court for the sake of convenience.

3. The plaintiff instituted O.S.No.729/2008 against the defendants seeking for the relief of specific performance of contract based upon the agreement of sale dated 15.05.2006. The suit property is the dry land bearing Sy.No.254/2, measuring 3 acres out of total extent of 4 acres 26 guntas situated at Hanchya Village, Kasaba Hobli, Mysore Taluk. The plaint averments are that the defendants are the owners of the suit property and the same is their ancestral property. They had offered to sell the same in favour of the plaintiff for a valuable consideration of Rs.9,40,000/- per acre, totally amounting to Rs.28,20,000/-. The plaintiff has agreed to purchase the same. Accordingly, the plaintiff and defendants entered into sale agreement on 15.05.2006 and the defendants had received a sum of 2,50,000/-from the pl