K.L. Manjunath, J.—The legality and correctness of the judgment and decree dated 5-12-2006, passed in O.S. No. 2483 of 1998, on the file of XI Additional City Civil Judge, Bangalore, is challenged in this appeal.

2. Appellants were defendants and respondent was the plaintiff before the Trial Court. For the sake of convenience, the parties would be referred to as per their ranking in the Trial Court.

3. Plaintiff-Basappa - instituted the suit to direct the defendants to execute sale deed for a sum of Rs. 40.00 lakhs in respect of suit schedule property, by receiving the balance sale consideration of Rs. 20.00 lakhs, within the time stipulated by the Court and to put the plaintiff in possession of the property, a residential building situated at No. 23, Gramadevatha Temple Street, Division No. 66, Audugodi, Bangalore, measuring 48+63/2 feet by 85+75/2 feet, totally measuring 4440 sq. ft.

4. According to plaint averments, in a family partition, the suit schedule property had fallen to the share of first defendant and for his legal necessity and for family benefit, defendants, being husband and wife, agreed to sell the suit schedule property for a sum of Rs. 40.00 lakhs on 1-5