SREENIVAS HARISH KUMAR, J.

1. These two appeals arise from the common judgment in the suits O.S. 1977/1996 and O.S. 2875/1996 on the file of XXV Additional City Civil Judge, (CCH-23), Bengaluru. R.F.A. 1165/2011 is preferred by the legal representative of the first defendant in O.S. 1977/1996. RFA 1166/2011 was filed by the plaintiff in O.S. 2875/1996 and after his death, his legal representatives came on record.

2. For the sake of convenience, throughout the discussion, the parties will be referred with respect to their position in O.S. 1977/1996. In a nutshell, the pleadings in both the suits are as follows:

2.1. O.S. 1977/1996 is a suit for specific performance in respect of the entire first floor property bearing old No. J11, new No. 17, measuring East to West 64’ and North to South 49’ situated at Vardhamanaiah Block, Shankarapuram, Bangalore City, as described in the plaint schedule (suit property hereafter). The first defendant-B.V. Basavaraj is the father of the second defendant-Dr. Sunil Basavaraj. The plaintiff is K.L. Kumarswamy. The first defendant is the owner of the entire property consisting of suit property in the first floor and also a house in the ground fl