These two appeals arise from the common judgment in O.S.Nos. 652 & 684 of 1989 on the file of the Principal Sub Court, Thiruvananthapuram. O.S.No. 652/1989 was filed by the plaintiff for specific performance of the agreement of sale. The averments in the plaint was that the plaint schedule property originally belonged to late Sri M.Subbiah Pillai, father of the first defendant. Late Subbiah Pillai obtained title and possession over the property as per the decree and delivery list in O.S.No. 59/50 on the file of the Sub Court, Thiruvananthapuram. Subbiah Pillai passed away on 9-2-1983 and as per the registered Will No.18/1979 executed by him all his right, title and possession over the plaint schedule properties devolved on his three sons Viz.S.Gopalakrishna Pillai, the first defendant and S.Bhagavathi Pillai. On 4-5-1988 they jointly executed an agreement of sale in favour of the plaintiff agreeing to sell the entire 20 cents for a total consideration of R.2, 50,000/-. The plaintiff paid advance of Rs.61001/- towards the total consideration. The period of agreement was 15 months. In the said agreement it was stated that an extent of about 5 cents out of 20 cents is invo