These two appeals and cross objection arise out of the order passed by the Fast Track Court, Bellary in RA 133/2008 and 134/2008 which arises out of the common order passed by the II Addl. Civil Judge, (Sr.Dvn.), Bellary in OS 97/2005 and 420/2005. Parties are referred to as per the reference made in this appeal as appellants and respondent.

Respondent Venkateshulu/plaintiff has filed cross objection 54/2010 in RSA 5244/2010. Two appeals are filed by the appellants who is the agreement holder in respect of the suit property which is said to be a house which was allotted to the respondent. Initial deposit of Rs.5,000/-was to be paid and thereafter the agreed installments to be paid by the lessee/purchaser i.e., the respondent. It appears, after allotment in favour of the respondent by the Karnataka Housing Board (KHB for short) way back in the year 1989, there was an agreement entered into between the plaintiff and the defendant i.e., appellant and the respondent. Appellant / Lalithamma filed a suit for specific performance in OS 420/2005 subsequently on filing of the suit for declaration and possession by the respondent/plaintiff in OS 97/2005. According to the appellant,