JUDGMENT :

B Syamsunder, J.

As parties to both appeals, and their respective contentions are similar, both appeals are disposed of by way of Common Judgment.

AS No.413 of 2001:

2. AS No.413 of 2001 is filed by the appellants/plaintiffs against the Judgment and Decree passed in OS No.89 of 1994 on the file of Additional Senior Civil Judge’s Court, Srikakulam dated 20.10.2000. The said suit was originally filed by the appellants/plaintiffs against the respondents for specific performance of contract of sale under oral agreement of sale, dated 01.06.1994 in between the appellants and respondent Nos.1 to 4 in respect of plaint schedule site, which is described as under:

PLAINT SCHEDULE FILED BY THE ABOVE PLAINTIFFS RESPECTFULLY SHOWETH AS FOLLOWS:

Vacant site situated in the southern row of Mandala Street, Near Surya Mahal Theatre, in Srikakulam town, within the limits of Srikakulam Sub-Registration in Srikakulam Mandal in Srikakulam District, measuring East to West 37 feet (11.28 metres) and North to South 80 feet (24.54 metres) i.e., 7 ½ cents covered by Town Survey Number 47 whose market value is Rs.4.12,500-00 at the rate of Rs.55,000-00 ps per cent having the following boundaries: