JUDGMENT :

This appeal is filed against the judgment and decree dated 03.11.2007 passed in R.A.No.161/2006, on the file of the Civil Judge (Sr.Dn.) and JMFC, Devanahalli, dismissing the appeal and confirming the judgment and decree dated 24.06.2006 passed in O.S.No.321/1995, on the file of the Civil Judge (Jr.Dn.) and JMFC, Devanahalli

2. The factual matrix of the case of the plaintiff in a suit for specific performance is that defendant No.1 Munichannarayappa entered into an agreement of sale dated 19.02.1987 and received an amount of Rs.23,500/-as kartha of the joint family and he had borrowed loan from PLD Bank, Devanahalli for raising wine yard and it was over due until February 1987. Munichannarayappa’s younger brother Venkatesha had left the village long ago and his whereabouts were not known. In order to repay the loan, Munichannarayappa offered to sell the suit properties and received entire sale consideration and executed an agreement for sale on 19.02.1987. On the same day, Munichannarayappa delivered the possession of the suit properties and agreed to execute the sale deed whenever called upon to do so. The plaintiff has always been ready and willing to perform his part of