A. H. JOSHI, J. :- Appeal No. 67/2006 is filed by the defendant No.5, while Appeal No. 82 of 2006 is filed by the defendant No.1 in Special Civil Suit No. 253 of 2005.

2. It is a suit for specific performance of building constructed over the plot of 40' x 50' = 2000 sq.ft. (185.80 sq. mtrs.) along with construction standing thereon of about 1250 sq. ft. having RCC structure consisting of five shops, four rooms, three electric meters, latrine, bathroom, water tap connection, three electric meters etc. This suit property is owned by the defendant No.1.

In this Judgment parties are referred to by their status in suit.

3. According to the plaintiff :-

(a) He had entered into an agreement of sale in favour of defendant Nos. 3 and 4 on 16-3-2000 and had executed a power of attorney in favour of the defendant No.2 for transferring the suit property.

(b) Thereafter, the defendant No. 1 had with the consent of the defendants No.3 and 4 and in presence of defendant No.2, entered into an agreement of sale of entire suit property with the plaintiff for a total consideration of Rs. 14,00,000/- and the plaintiff paid advance of Rs. 12,50,000/- for which the defendant No. 1 executed