These petitions are heard together as common questions of law arise for consideration.

2. The brief facts in each case are stated hereunder:

WP 1428/2009: The petitioner is the plaintiff in a pending civil suit in OS 464/2000, on the file of the Court of the Civil Judge, (Senior Division), Mysore. The suite is for partition and separate possession of a house, which is the suit property. It is claimed to be a Hindu joint-family property of the parties. The defendants, respondents 4 and 5 herein, claimed that the suit property has been agreed to be sold under an agreement of sale dated 21-11-1999, executed in their favour by respondent no. 1 herein. It was also claimed that an advance amount had been received towards the total sale consideration of Rs.8.50 lakh and that the said respondents 4 and 5 had been put in possession of the suit property, under the agreement of sale. Incidentally, respondents 4 and 5 are said to have instituted a separate suit for specific performance of the above said agreement, in suit bearing No. OS 531/2000, before the same court. The said suits are being tried together.

The plaintiff in OS 531/2000, was examined as PW.1 and the agreement of