JUDGMENT/ORDER

1. The present appeal is directed against the judgment and decree passed in O.S.No.9543/1997 on the file of XI Addl.City Civil Judge, Bengaluru, dated 27thday of July 2005, wherein, suit of the plaintiff filed for specific performance was decreed.

2. The parties are referred to as plaintiff and defendant for the sake of convenience, as per their original ranking before the Trial Court.

3. The brief facts which are necessary for disposal of the appeal are as under: Plaintiff filed the suit against the defendant with a prayer of specific performance and to direct the defendant to execute a registered sale deed in his favour conveying the suit schedule property by receiving the balance sale consideration of Rs.23,000.00 in pursuance of the agreement of sale dtd. 10/8/1994 and 14/6/1994 with costs.

4. Plaintiff has contended that defendant is the absolute owner in possession of the site No.101 demarcated in Survey No.50 of Saneguruvanahalli Village, Yeshwantpur Hobli, III stage, West of Chord Road, Bangalore, measuring: East to West - 30 feet and North to South - 40 feet allotted by the Gayathri Nagar House Building Co-operative Society Ltd., and bounded by East by - Site