JUDGMENT :

1. This is a plaintiff's appeal. The present appellant as plaintiff had instituted a suit in O.S.No.39/2008 against the present respondent in the Court of the Principal Senior Civil Judge, Udupi, (hereinafter for brevity referred to as "the Trial Court" ) for the relief of specific performance.

2. The summary of the plaint averments in the Trial Court was that, the plaintiff entered into an agreement with the defendant on Dt. 17/5/2007 for the purchase of suit schedule 'A' properties which are three pieces of immovable properties, in total measuring 51 cents, for a total consideration of a sum of Rs.14,28,000.00 from the defendant who was the absolute owner in possession of the said 'A' schedule properties. On the date of the agreement, the plaintiff had paid a sum of Rs.8,50,000.00 to the defendant as earnest money towards the part performance of the contract. The said sum of Rs.8,50,000.00 included a sum of Rs.2,00,000.00 in the form of two cheques and remaining sum of Rs.6,50,000.00 in the form of cash. It was agreed that the Sale Deed had to be executed in favour of the plaintiff within six months from the date of the agreement and that the plaintiff, as a purchaser h