ORDER

The defendants have filed these appeals against the judgment and decree passed by the High Court of Karnataka in regular first appeal No. 129/93 decreeing the suit for specific performance of contract of sale. The appeals are inter-linked with each other while C.A. No. 3750/98 is filed by defendant No. 2 who is the subsequent purchaser of the property, C.A. No. 3751/98 is by defendant No. 1 - the vendor.

2. The respondent herein filed the suit, O.S. No.10453/82 in the court of the additional city civil judge, Bangalore for a declaration that the sale deed dated 18.5.1981 executed by the first defendant in favour of the second defendant is not a legal document; for permanent injunction restraining the second defendant from alienating the property to any one else; from interfering with possession of the plaintiff over the suit schedule property and for a decree of specific performance directing the defendant to execute and register a sale deed in respect of the suit schedule property in favour of the plaintiff, in the alternative for a direction to the first defendant for return of the advance consideration, the plaintiff had paid to him.

3. The case of the plaintiff shorn of unne