JUDGMENT :

R.DEVDAS, J.

This regular first appeal is filed under Section 96 of the Code of Civil Procedure at the hands of defendant No.4 in O.S. No. 304/2018 on the file of the learned III Addl. Sr. Civil Judge & JMFC, Ranebennur (for short, ‘the trial Court’).

2. For the sake of convenience the parties shall be referred to in terms of their ranking before the trial Court.

3. The plaintiff filed the suit for specific performance of registered agreement of sale dated 28.09.2015, executed by Sri Doddakotreshi, the brother of defendant No.4 and defendant No.4 himself, in favour of the plaintiff. Since Doddakotreshi died subsequently, his wife and children are arrayed as defendants No.1 to 3. In terms of the agreement of sale the vendors agreed to sell and the plaintiff agreed to purchase the suit schedule property which consisted of ground and first floor comprising of ten commercial shops and with open space for a sum of Rs.1,45,00,000/-. Under the agreement the purchaser paid advance amount of Rs.50,00,000/- and the balance amount was to be paid at the time of registration of the sale deed, subject to the condition that within two months time the vendors would get the tenants vacated