( 1 ) THESE appeals arise out of a common judgment and decree dated 22-3-1984 passed by the learned Additional Chief Judge, City Civil Court, Secunderabad, in OS No. 24 of 1983 (Old OS No. 267 of 1981) and in OS No. 282 of 1983 (Old OS No. 227 of 1981 ).

( 2 ) SINCE common question of law and fact arc involved and as the parties are same, all the appeals can be disposed of together. It is better to refer the parties by names to avoid any confusion.

( 3 ) AGGRIEVED by the judgment and decree in OS No. 24 of 1983 R. S. Krishna Murthy the Ch. S. Hanumantha Rao filed two appeals in CCCA Nos. 127 and 111 of 1984 respectively. Having been aggrieved by the judgment and decree in the other suit OS No. 282 of 1983 Ch. S. Hanumantha Rao filed the other Appeal CCCA No. 133 of 1984. Factual Matrix:r. Srinivasa Murthy, R. S. Krishna Murthy and R. Sainath are brothers and are the sons of late Sri Harinarayana Rao. After the death of late Harinarayana Rao, there was an oral partition in the year 1962 amongst the brothers and in the said partition house bearing No. 123 was allotted to late Srinivasa Murthy, house bearing No. 124 was allotted to R. S. Krishna Murthy and house bearing No. l 14 (the suit house) was allotted to R. Sainath. Prior to the partition the suit house was in the occupation of the tenant Ch. S. Hanumantha Rao and R. S. Krishna Murthy used to collect the rents from him. After the partition, the said Krishna Murlhy addressed letters to the Municipal Corporation, Secundrabad, requesting to mutate the suit house in the name of his younger brother R. Sainath. But the Corporation failed to take any action. Therefore, R. S. Krishna Murthy had been collecting the rents from the tenant. Krishna Murthy and Sainath later filed an eviction partition against the tenant Ch. S. Hanumantha Rao in RC No. 162 of 1975. Subsequently Krishna Murthy unilaterally had withdrawn the eviction petition in collusion with the tenant, and therefore, R. Sainath got a notice dated 7-10-1978 issued and later filed the suit for declaration of his title over the suit house and for possession.

( 4 ) THE tenant Ch. S. Hanumantha Rao filed the suit for specific performance mentioning inter alia in the plaint that R. S. Krishna Murlhy is the absolute owner of the suit house, having got the same under a compromise decree dated 15-9-1959 in OS No. 14 of 1956. The suit house was originally let out to him by late Shyamalamba wife of late R. Narayana Rao, the adoptive father of RS. Krishna Murthy. After the death of Shyamalamba, Hanumantha Rao continued to be the tenant under R. S. Krishna Murthy. On the request of R. S. Krishna Murthy, Hanumantha Rao permitted Sainath to reside in two rooms in the suit house, and thus accommodated him. In the year 1975 R. S. Krishna Murthy and R. Sainath filed eviction petition in RC No. 162 of 1975 against Ch. S. Hinmmantha Rao before the Rent Controller at Secunderabad, but subsequently that was dismissed as not pressed. On 18-5-1978 R. S. Krishna Murthy representing himself as the absolute owner of the suit house entered into an agreement of sale with Ch. S. Hanumantha Rao for a consideration of Rs. 1,30,000. 00 and an advance sum of Rs. 5,000. 00 was paid by Hanumantha Rao to Krishna Murthy. Hanumantha Rao agreed to pay further sum of Rs. 10,000. 00 on or before 12-6-1978 and to pay the balance consideration at the time of the registration of the sale deed. Accordingly, Hanumantha Rao sent an amount of Rs. 10,000. 00 to Krishna Murthy under a Pay Order No. 131 of 1978 on 7-6-1978. But at the request of Hanumantha Rao the said amount was kept in deposit in Deena Bank under Account No. 817 in the name of Hanumanlha Rao. R. S. Krishna Murthy agreed to obtain the necessary sanction from the competent authority under the Urban Land Ceiling Act and also the tax clearance. He further agreed that he would get Sainath also to join in the sale deed at the time of the execution. Subsequently, RS. Krishna Murthy and Sainat