Judgment

Srikrishna, J.—These two appeals by special leave impugn the common judgment of the High Court of Kerala rendered in First appeals AS Nos. 393/97 (E) and 281/97 (E) setting aside the decree made by the trial court in OS No. 647/95.

2. The appellants before us were the plaintiffs before the trial court in Original Suit No. 647/95 and the respondents were the respective defendants in the said suit. For the sake of convenience, the parties are hereinafter referred to as they were arrayed in the suit before the trial court i.e. as Plaintiffs and Defendants.

The Facts :

3. On 10.3.1989 an agreement was entered into between Defendants 1 and 2 (K.R. Muthugopal and V. Rajan, respectively) on the one hand, and Plaintiffs 1, 2 and 3 (S. Brahmanand S. Vinod and G. Ratna Bai, respectively), on the other hand, for sale of the suit property which comprised two shops and one godown in Kozhikode. The preambulatory part of the agreement makes it clear that as on the date of the agreement a stranger, by name, Thazhekeepattu Moosakutty had filed two suits O.S. Nos. 98/87 and 99/87 before the II Additional Sub Judge, Kozhikode, alleging that there was an agreement to sell the suit property to him