V. Ramasubramanian, J.

1. These appeals arise out of a common judgment rendered by the II Additional Chief Judge, City Civil Court, Hyderabad, decreeing a suit for specific performance filed by the agreement purchaser and dismissing a suit for permanent injunction filed by the agreement vendor.

2. We have heard Mr. M.V.S. Suresh Kumar, learned Senior Counsel appearing on behalf of Mrs. A. Chayadevi, learned counsel for the appellants and Mr. N. Subba Rao, learned counsel appearing for the respondents.

3. The sole respondent in C.C.C.A.No.43 of 2015 and the 1st respondent in C.C.C.A.No.67 of 2015 filed a suit in O.S.No.125 of 2010 praying for (i) a decree for specific performance of an agreement of sale cum General Power of Attorney dated 11.06.2009 (ii) the cancellation of a deed of cancellation of the General Power of Attorney dated 03.03.2010 and (iii) a decree of permanent injunction restraining the appellants from alienating the suit schedule property. The said suit was filed on 09.03.2010.

4. On 11.03.2010 the sole appellant in C.C.C.A.No.67 of 2015 and the 1st appellant in C.C.C.A.No.43 of 2015 filed an independent suit in O.S.No.128 of 2010 for a decree of permanent injunction restraining the agreement holder from interfering with his peaceful possession and enjoyment of the suit property. Both the suits were taken up together for disposal and evidence was let in common. Thereafter, by a common judgment dated 19.12.2014, the trial Court dismissed the suit for permanent injunction filed by the agreement vendor and decreed the suit for specific performance filed by the agreement purchaser. Therefore, the agreement vendor has come up with one appeal against the dismissal of his suit for permanent injunction and has come up with another appeal as against the decree of specific performance.

5. For the purpose of convenience we shall refer to the main contestants as agreement vendor and agreement purchaser and the other parties to these appeals by reference to their relationship with either of the parties.

6. The averments with which the agreement purchaser filed O.S.No.125 of 2010 for specific performance of an agreement of sale, in brief, were as follows:

a) That the agreement vendor, claiming to be the owner and possessor of the property bearing D.No.8-2-293/82/A/1363 in Plot No.1363 consisting of ground and first floor, admeasuring 1245 sq. yards or 1040.82 sq. mts., with a built up area of ground floor 2300 sq. feet and first floor 2300 sq. feet, situated at Road No.45, Jubilee Hills, Hyderabad, offered to sell the same to the agreement purchaser for a total consideration of Rs.3 crores;

b) that accordingly an agreement of sale cum GPA with possession was executed on 11.06.2009 and the same was attested by the daughter and son-in-law of the agreement vendor;

c) that the son-in-law of the agreement vendor was arrayed as 2nd defendant in the suit;

d) that the agreement purchaser paid the entire sale consideration of Rs.3 crores as detailed in Clause-2 of the agreement;

e) out of the entire sale consideration, a sum of Rs.1,32,25,000/- was paid by way of cheques and Demand Drafts on various dates to the nominee of the agreement vendor before the execution of the agreement;

f) that the balance of Rs.1,67,75,000/- was paid by way of cash by the agreement purchaser on the date of execution of the agreement;

g) that the agreement vendor admitted, confirmed and acknowledged the receipt of entire sale consideration in the agreement itself;

h) that the agreement vendor also delivered vacant and peaceful possession of the suit property to the agreement purchaser on the date of the agreement;

i) that it was agreed between the parties that the suit property was free from all encumbrances and that no person had any claim;

j) that the agreement vendor executed an irrevocable General Power of Attorney and it was coupled with interest;

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