Paresh Upadhyay, J.

1.1 These two Appeals are directed against the common judgment and decree dated 10.11.1998 passed by the Trial Court (City Civil Court, Ahmedabad) in Civil Suit No.2166 of 1977 and Civil Suit No.2397 of 1978.

1.2 The appellant in both the appeals is the same Authority (the District Collector, Banskantha at Palanpur). The suit land in both the suits is also the same.

1.3 The present appellant had filed Civil Suit No.2166 of 1977 to recover the vacant possession of the suit land and mesne profit from the defendant - the present respondent. The said suit is dismissed by the Trial Court, qua the principal relief, seeking possession of the suit land from the defendant. The said defendant (of Civil Suit No.2166 of 1977) was the plaintiff of Civil Suit No.2397 of 1978. In the said suit (i.e. Civil Suit No.2397 of 1978), the said plaintiff (i.e. the present respondent) had prayed for specific performance of an agreement to sell (pertaining to the very same land). The Trial Court has decreed the said suit.

1.4 The above two parts of the said common judgment and decree is challenged in these two appeals being First Appeal No.538 and 537 of 1999, respectively. In other