ORAL JUDGMENT:

.1. These two appeals relate to the same piece of land bearing Gut No.99, admeasuring 1 Hector 94 R of village Chilwadi, Taluka and Dist.Osmanabad. Appellant and respondents in both the appeals

.are also the same persons. Hence, both these appeals are decided by this common Judgment.

.2. Thefacts giving rise to the appeals are common and briefly stated below.

.The appellant is the owner of the suit land bearing Block No.99 of village Chilwadi, Taluka and Dist.Osmanabad. By an agreement of sale dated 2nd August, 1976 the appellant agreed to sell to the respondents the suit land for a consideration of Rs.6,000/- by accepting earnest amount of Rs.5,000/-. The sale was to be executed after the permission under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (for short, the Act" "Consolidation Act") was obtained. According to the respondents in pursuance of the said agreement of sale the appellant also handed over possession of the suit land to them. Respondents issued a notice to the appellant on 8th of April, 1978 calling upon him to execute the sale deed in their favour. He neither replied, nor complied with the notice. The resp