(1.) THIS second appeal is by the plaintiff in O. S. No. 77/89 on the file of the Court of the First Additional Munsiff, Belgaum who had sought for specific performance of an agreement for sale of the suit schedule property -A vacant sitte measuring 40' x 60' located in belgaum Town agreed to be conveyed for a consideration of Rs. 3,500/- under an agreement dated 16-3-1972 at which time, an advance of Rs. 1,5007-had been paid.
(2.) THE agreement as such was not disputed by the defendant. The only defence put forth by the defendant was that the property having been located in an urban agglomeration, for conveying the property the owner was required to obtain prior permission from the authorities under the Urban Land Ceiling Act, 1976 and though the defendant had made an attempt on two occasions for such purpose, the permission having been declined, the defendant was not in a position to execute the sale deed and therefore, prayed for dismissal of the suit
(3.) LEARNED Judge of the Trial Court in the light of such pleadings framed the following issues,