JUDGMENT :

The appeal is directed against the judgment and decree dated 23.08.2005 passed by the learned II Additional Civil Judge (Senior Division), at Dharwad in O.S.No.95/1994. The suit of the plaintiff came to be decreed and the defendant was directed to execute the registered sale deed of the schedule property by receiving the balance consideration of Rs.2,23,000/-within three months from the said order.

2. In order to avoid confusion and overlapping, the parties are hereinafter referred to in accordance with their rank and status as stood before the trial Court.

3. This is defendant’s appeal.

4. The brief facts of the case as stated is that the defendant is the owner of the house bearing No.61/B measuring 2 guntas 6 annas situate at Saptapur, Dharwad. The plaintiff was in need of a residential accommodation at Dharwad and after mutual offer and acceptance, the defendant agreed to sell the schedule property for a cash consideration of Rs.2,76,000/-. The defendant received earnest money of Rs.45,000/-from the plaintiff on 27.11.1990. The balance sale consideration was agreed to be paid within a period of three months. Meanwhile, the defendant agreed that he would obtain necessary p