Both appeals arise out of the common judgment of the Senior Civil Judge, Srikalahasthi in AS Nos.26 and 24 of 1988. AS No.26 of 1988 arises out of the suit OS No.318 of 1981 and AS No.24 of 1988 arises out of the suit OS No.322 of 1983. Both the suits were tried together and evidence was recorded in OS No.322 of 1983. SA No.536 of 1994 arises out of the judgment in AS No.26 of 1988; whereas SA No.561 of 1994 arises out of the judgment in AS No.24 of 1988.

2. The appellant herein filed the suit for specific perfoffi1ance of the contract and the brief facts in both the suits are that one Ch. Nagamma, who is examined as PW2, mother of the PW 1 and the mother of the defendants are sisters. The suit schedule property, which is said to be a vacant site, belonged to Nagamma (PW2). The suit OS No.318 of 1981 was filed for specific performance of an agreement of sale dated 2.4.1981 for Rs.10,000/- alleging that PWs. 1 and 2 agreed to sell the property for a consideration of Rs.10,000/- and a sum of Rs.9,500/- was paid. It was also specifically pleaded in the suit as No.318 of 1981 that PW2 executed a registered Will in favour of PW 1 who is said to be residing with her, but subseq