ORAL JUDGMENT

This Regular Second Appeal is filed by the appellant challenging the judgment and decree dated 24.04.2013 passed in R.A.No.347/2011 by the learned III Addl. District & Sessions Judge, Mysore and the judgment and decree dated 07.03.2011 passed in O.S. No.784/2006 by the Learned Principal Judge, Small Causes & Senior Civil Judge, Mysore.

2. For convenience, the parties are referred to, based on their ranking before the Trial Court. The Page No.2 is retyped and replaced vide chamber order dated 22.08.2025 appellant was the defendant No.1, respondent No.1 was the plaintiff, and respondent No.2 was defendant No.2.

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3. Brief facts, leading rise to the filing of this appeal, are as follows:

(i) The plaintiff filed a suit against the defendants for the relief of specific performance of a contract. It is the case of the plaintiff that defendant No.2 allotted the suit site in favour of defendant No.1. Defendant No.1 is the owner in possession of the suit site and he agreed to sell the suit schedule property for a consideration of Rs.7,00,000/- and the sale agreement was executed on 10.10.2005. The plaintiff paid a amount of Rs.5,50,000/- as an advance sale consideration amount, an