judgment

A.K. Mathur, J. —

1.Both the Civil Appeals arise against the order passed by the Karnataka High Court in RFA Nos.290 & 311 of 1993 dated 17.12.1999. Therefore, both the appeals are disposed of by a common order.

2.The brief facts which are necessary for the disposal of these appeals are that a suit was filed on the basis of an agreement to sell dated 24.4.1982 for a consideration of Rs.1,20,000/- for property, namely, open space with some dilapidated room bearing CTS No.4094/1B/2 admeasuring 472 square yards, College Road, Belgaum. The agreement was executed by the first defendant as the Kartha of Hindu joint family along with other defendant Nos.2 to 4. A sum of Rs.10,000/- was paid as advance and the agreement was to be concluded within six months. As the defendants did not execute the sale deed within the stipulated time, a suit was filed by the plaintiff after giving notice dated 10.5.1983 for enforcement of the agreement to sell. The defendant Nos.1 to 5 also filed a suit being O.S.No.236 of 1982 for injunction against defendant Nos.6 to 15 and took a plea that because of the pendency of their suit, they could not execute the sale deed and they would execute the sale dee