Sankarasubban, J.

A.S.No.414 of 1996 is filed against the judgment and decree in O.S.No.801 of 1993 of the Principal Sub Court, Kottayam. A.S.No.723 of 1996 is filed against the judgment and decree in O.S.No.253 of 1994 of the same court. Both O.S.Nos.801 of 1993 and 253 of 1994 were heard together and a common judgment was pronounced. A.S.No.414 of 1996 is filed by the defendants in O.S.No.801 of 1993 while A.S.No.723 of 1996 is filed by the plaintiff in O.S.No.253 of 1994. First, we shall deal with the facts in A.S.No.414 of 1996.

2. In O.S.801 of 1993, the plaintiff is K.A. Mohammed Nissar. Defendants are Abdul Hameed and Fathima Kunju. The plaintiff in the suit is the sister’s son of the first defendant. The second defendant is the wife of the first defendant. The suit was filed by the plaintiff for specific performance of the agreement, Ext.B1 of the same date. According to the plaintiff in O.S.No.801 of 1993, the plaintiff entered into an agreement with the defendants for the purchase of the plaint schedule property for Rs.4.5 lakhs. The agreement was reduced into writing. On the date of the agreement, the plaintiff paid to the defendants an amount of Rs.2 lakhs in