JUDGMENT :

This Regular Second Appeal is filed by the plaintiff, challenging the Judgment and Decree dated 29th November, 2007 passed in Regular Appeal No.111 of 2003 on the file of the II Additional Civil Judge (Sr. Dn.), Dharwad, confirming the Judgment and Decree dated 13th March, 2003 in Original Suit No.51 of 1997 on the file of the Principal Civil Judge (Jr. Dn.) and Principal JMFC at Dharwad, decreeing the suit in part.

2. For the sake of convenience, the parties in this appeal are referred to with their status and rank before the trial Court.

3. It is the case of the plaintiff that the defendant No.1 is the owner of the property bearing survey No.20/A/1A/1B2/A/1A of Kamalapura Village, Dharwad. Defendant No.2 is the son of defendant No.1. It is further averred that the defendant No.1 was intending to purchase an alternative property at Hombardi village of Haveri Taluk and as such, he intended to sell six guntas of land for total consideration of Rs.9,000/-; and as such, the plaintiff paid Rs.3,000/- as advance on 28th August, 1974 and executed the agreement of Sale. It is also averred that the defendant No.1 delivered the possession of the property in question to the plaintif