C. V. N. SASTRY, J.

( 1 ) THESE two appeals arise out of two suits which were disposed of by a common judgment by the lower Court. For the sake of convenience the parties will be referred to as per their array in OS No. 69 of 1989.

( 2 ) THE subject matter of both the suits is a vacant site measuring 91 sq. yards. OS No. 69 of 1989 is a suit for specific performance of the oral agreement of sale alleged to have been entered into by defendants 1, 2 and 4 to 6 with the plaintiff on 14-1-1989 agreeing to sell the suit site to the plaintiff and for a permanent injunction restraining the defendants from interfering with the plaintiffs possession and enjoyment of the suit property. The 7th defendant is the subsequent purchaser of the suit site along with the shed existing therein under two registered sale-deeds dated 1-2-1989 and 1-6-1989 marked as Exs. B1 and B2 respectively. Ex. B1 was executed by defendants 4 and 5 covering half share in the suit site whereas Ex. B2 executed by defendants 1 to 3, 6 and 8 to 10 covering the other half and the shed. The suit OS No. 69 of 1989 was initially filed against the defendants 1 to 7 only on 7-6-1989. Subsequently defendants 8 to 10 were impleade

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