A.V.Chandrashekara, J.—This appeal is filed under Section 100 of CPC challenging the judgment passed in O.S.No.7/1992 pending on the file of Civil Judge (Sr.Dvn.), Bangalore Rural District. As against the judgment, an appeal had been filed in R.A.No.2/1999 which was pending on the file of Additional District and Sessions Judge, FTC-IV, Bangalore Rural District. The same is allowed in part directing the defendant to refund the advance amount received by her. Appellant is the sole plaintiff in O.S.No.7/1992 and respondent is the sole defendant in the said suit. Parties will be referred to as plaintiff and defendant as per their ranking before the trial Court.

2. The facts leading to the case are as follows:

1.27 acres of land in Sy.Nos.38/3 and 38/4 situated in Kurubarahalli Tavarekere Hobli, Bangalore South Taluk is the subject matter of the suit. According to the plaintiff, the suit schedule property measuring 1.27 acres of land absolutely belongs to Smt.Uma, the defendant and that she had agreed to sell the same in his favour for a total consideration of Rs.87,100/-, at the rate of Rs.1300 per gunta. According to the plaintiff, an agreement of sale was executed by the de