JUDGMENT

Harjit Singh Bedi, J.—These appeals by special leave arise out of the following facts:

2. The plaintiff-respondent Kulwant Singh and defendant-appellant Makhan Singh (now through his LRs.) herein were two of four brothers. As per the case set up, each brother owned 1/4 share in land measuring 40.2/3 marlas and in a building housing an ice factory situated at Rayya alongwith 1/8 share in the machinery installed therein. On 3.5.1982, the defendant entered into two agreements with the plaintiff, – one for the sale of his share in the land measuring 40.2/3 marlas and the building on it for a consideration of Rs.10,000/- with earnest money of Rs.5,000/-, and a second pertaining to the sale of his share in the machinery installed in the ice factory for a consideration of Rs. 16,000/- out of which Rs. 5,000/- was paid as earnest money. These agreements are Ex.P-1 and Ex.P-2 on the record. As per the terms of the agreements, the sale deeds were to be executed on or before 10.8.1982. It was pleaded that the defendant defaulted on which a notice was served on him on 19.12.1983 but as no result was forthcoming, a suit for specific performance was filed on 17.1.1984.

3. The defendant c