JUDGMENT

D.P. Mohapatra, J.-The core of the dispute raised in these appeals relates to specific performance of the agreement dated 10.1.1968 for sale of land, entered into between the Hasankhan Shye Mohammed Khan (dead represented by Lrs.) (hereinafter referred to as the owner ) and the Hubli Dharwar Municipal Corporation (hereinafter referred to as the Municipal Corporation ). Both the parties filed suits; the Municipal Corporation filed the suit for specific performance of the agreement of sale and the owner filed the suit for declaration of title to the property and for injunction. The trial Court dismissed both the suits.

2. Both the parties filed appeals before the district court. The first appellate court reversed the judgment of the trial Court dismissing the suit filed by the Municipal Corporation and decreed the said suit, and confirmed the judgment of the trial Court dismissing the suit filed by the owner.

3. The owner of the property filed two Second Appeals, RSA No.642/97 and RSA No. 650/97 challenging the judgment and decrees passed by the first appellate Court. Both the Second Appeals were decided by the common judgment dated 11.12.1997 in which the appeals were allo