As per Hon'ble Shri I.M. Quddusi,J.:

1. The instant two appeals arise from the common judgment and decree dated 19.7.2007, passed by the 10th Additional District Judge (F.T.C.) Durg in Civil Suit Nos. 26-A/2007 and 25-A/2007. Since the facts situation and the' question of law involved in both the appeals are one and the same, both the appeals are being decided by this common judgment and order.

2. The brief facts in nutshell are that the plaintiff /vendor (Narendra Singh Airen) filed two suits (Civil Suit No. 26-A/2007 and 25-A/2007) for specific performance of contract and permanent injunction against the defendant No. 1/Vendee. The case of the plaintiff/vendor was that two agreements (Ex. P/1 and P/2) were entered into between the plaintiff and the defendant No.1 on 11.3.1997 for sale of plot No.6, block - 22, area 18x30 meter = 540 square meter and plot No.5 block - 42 area 18x30 meter = 540 square meter, which are situated at Motilal Nehru Nagar (East), Bhilai. Prior to it both the panies arrived at an oral agreement on 18.12.1996 for sale of the plots and the defendant No.1 received Rs. 3,50,0001- as advance for each plot and rest of the sum of Rs. 1,30,0001- for