These two appeals are filed against the Judgment and Decree dated 16.12.2002 passed in O.S.No.179/1999 and O.S.No.55/1995 respectively. The plaintiffs in O.S.No.55/1995 are the defendants in O.S.No.179/1999 and vice-versa.

2. For the sake of convenience the parties shall be referred to in terms of their status in RFA.No.377/2003.

3. According to the appellants they filed O.S.No.55/1995 seeking the relief of declaration that the agreement dated 6.5.1991 is unenforceable as they are the owners and for possession of the suit schedule property and also for enquiry of accounts under Order XX Rule 12 CPC. During the pendency of the trial the first plaintiff i.e., Syed Mehaboob died and his legal representatives were brought on record as 1(a) to (e) who are the appellants. According to the appellants suit schedule property bearing Sy.No.33/P measuring 4 acres each is situated in Hirekolale village with common boundaries and the same was granted to Syed Zaheer, the first appellant along with Naimunnissa, w/o of Syed Mahaboob. After the death of Naimunnissa, the Khatha was mutated in the name of the first and second appellants. That the appellants were in debt and in strained fin