( 1 ) THESE two appeals arise cm! of a common judgment and decree of the trial Court passed in two suits namely T. S. 44 of 1960 re-numbered as T. S. 21 of 1963 in the additional Court of Subordinate Judge, Contai 'instituted by respondent Nos. 1 and 2 as plaintiffs and another suit being T. S. 48 of 1962 in the same Court instituted by the present appellants (hereinafter referred to as the first suit and second suit), briefly, in the following circumstances. In the first suit the plaintiff-respondents prayed for declaration of their title and recovery of possession on subsequent amendment of the plaint and for injunction and other necessary reliefs regarding certain lands which they purchased from one Abinash Chandra Maity respondent No. 3 in the present appeal. Their case, briefly, was that respondent No. 3 entered into an agreement for sale of certain immovable properties with appellant No. 2 on receiving a sum of Rs. 400/- by way of earnest money and putting him into possession. But as he failed to pay the balance of consideration money within 15th Magh 1366 B. S. the agreement for sale stood cancelled. The respondent No. 3 thereafter took possession of the pro