ORAL JUDGMENT

Assailing the judgment and decree dated 22.01.2014 passed in RA No.357/2009 on the file of the I Additional District and Sessions Judge, Dharwad sitting at Hubli (hereinafter referred to as ‘the First Appellate Court’ for short) reversing the judgment and decree dated 19.09.2009 passed in OS No.382/2006 on the file of the First Additional Civil (Senior Division), Hubli (hereinafter referred to as ‘the Trial Court’ for short), the present appeal is preferred by the plaintiff.

2. The parties herein are referred to as per their rank before the Trial Court for the sake of convenience.

3. Suit seeking specific performance of contract in respect of an agricultural land bearing Sy. No.112 measuring 5 acres 12 guntas situated at Gokul village, Hubli (‘suit property’ for short), the plaintiff avers that the defendant being the owner of the suit property agreed to sell the suit property to the plaintiff for sale consideration of Rs.8,00,000/- and executed an agreement of sale dated 23.09.2006 by receiving an earnest money of Rs.1,00,000/- through cheque No.206542 and the time stipulated for execution of the sale deed is three months from the date of agreement, as the defendant did