JUDGMENT :

Unsuccessful plaintiff in a suit for specific performance of an agreement of sale is challenging the correctness of the judgment and decree dated 23.04.2011 passed in O.S.No.2089/1999 by the learned XI Additional City Civil Judge, Bangalore City (CCH-8) in this appeal.

2. The appellant was the plaintiff before the Court below. Respondent Nos. 1, 2 and 3 in this appeal were the defendant Nos. 1, 2 and 3 respectively before the Court below. The parties will be referred to as per their rank before the Court below during the course of this judgment.

3. The plaintiff instituted a suit for specific performance against the defendants on the allegation that he had been a tenant under one J.Anthony Swamy in respect of the suit schedule properties since the year 1988 and on 11.06.1997, said J.Anthony Swamy executed an agreement of sale in respect of the suit schedule properties in favour of the plaintiff under Ex.P.1. The amount of consideration agreed under Ex.P.1 was Rs.1,05,000/-and out of the same, a sum of Rs.75,000/-was paid on the date of execution of Ex.P.1. It is stated that plaintiff who was a tenant was put in possession of the suit schedule properties in part performance