L. NARASIMHA REDDY

1. These two Second Appeals arise out of two suits between almost the same parties. Hence, they are disposed of through a common judgment. Defendants in O.S. No. 65 of 2001, on the file of Junior Civil Judge, Bodhan, are the appellants in S.A. No. 1492 of 2004. The sole plaintiff in O.S. No. 158 of 2002 of the same Court filed S.A. No. 1490 of 2004 against the sole defendant therein. During the pendency of O.S. No. 65 of 2001, the 3rd defendant was added as party. Further, the 1st defendant died and his legal representatives were brought on record as defendants 4 to 8. For the sake of convenience, the parties are referred to, as arrayed in O.S. No. 65 of 2001.

2. The plaintiff filed the suit against defendant No. 1, and his son, defendant No. 2 for the relief of specific performance of an agreement of sale, dated 10-04-1997. He pleaded that defendants 1 and 2 are owners of two separate bits of land and that the agreement was executed by the 1st defendant, on behalf of himself and his son, for sale of the suit schedule property, admeasuring Ac. 2.11 guntas for a consideration of Rs. 65,974/-, and that on the date of agreement itself, a sum of Rs. 50,000/- wa