K. Ramanna, J. —

The appellant/defendant has come up with this second appeal under Section 100 of the Civil Procedure Code, 1908 challenging the judgment and decree dated 10.07.1995 passed by the Civil Judge, Gadag in O.S.No.63 of 1992 which is continued by the judgment and decree dated 13.03.2002 passed by the District Judge, Gadag in R.A.No.24 of 2000.

2. For the sake of convenience, the parties will be referred to by their ranking before the Trial Court.

3. The brief facts of the case are that: Plaintiff filed a suit before the Trial Court seeking for the relief of specific performance of contract dated 31.03.1990 and permanent injunction in respect of the suit schedule property bearing TMC No.412 situated at Ward No.4, Gajendragad Town, Ron Taluk. The case of the plaintiff is that the defendant entered into an agreement to sell the suit property which is consisting of two shops and zinc sheet shed and open space behind them with compound for a sum of Rs.1,80,000/and receive Rs.1,20,000/- towards earnest money and executed agreement of sale-Ex.P 1 on 30.03.1990. Thereafter the defendant executed registered sale deed-Ex.P4 in respect of southern half portion of the said