JUDGMENT

Kapadia, J.-These two civil appeals are filed by the defendants who were aggrieved by the judgment and decree passed by the learned Single Judge of Calcutta High Court dated 27.9.2001 in Suit No. 161 of 1979 ordering repossession in favour of the plaintiffs and which judgment and decree is confirmed by the impugned judgment of the Division Bench of the Calcutta High Court dated 16.7.2002 in A.P.D.No. 220 of 2002.

2. Briefly, the facts giving rise to these appeals are as follows:-

Plaintiffs are the two executors of the will of one P.K. Chowdhury (since deceased) who agreed, vide agreement dated 8.5.1965, to purchase two flats No. 12C and 12D on the 12th floor of the building known as "Monalisa" situate at Camac Street, Calcutta along with two garages on the ground floor for the total consideration of Rs. 2,34,168/-, out of which the deceased P.K. Chowdhury paid Rs. 2,22,168/-. Originally, it was agreed that two flats would be allotted by the developer (defendant No. 1) to P.K. Chowdhury on 8th floor. That agreement was varied and it was agreed that the two other flats would be allotted on the 12th floor. Similarly, the said two garages, as agreed upon, could not be allotted d