1. These Special Leave Petitions have been filed against the common judgment of the Division Bench of Kerala High Court dated 19.1.2001 which have arisen out of two suits seeking injunction and two other suits claiming decree of specific performance of the contract for sale of two cinema theaters viz., Sangam and Pushpa in Calicut. Calicut was part of erstwhile Malabar District in State of Madras and now forms part of new State Kerala.

1. An uncommon question of legal and procedural difficulty has arisen giving rise to these Special Leave Petitions for appeal against the order of Division Bench of Kerala High Court. The subordinate judge of Calicut dismissed the suit filed for specific performance of the agreement of sale of Sangam and Pushpa theatres by judgment dated 1.4.1978. The appeals preferred under S.96 of the Code of Civil Procedure to the High Court of Kerala were decided by common judgment with the appeals arising from the injunction matters. The two judges constituting the Division Bench sharply differed on all issues of fact and mixed issues of fact and law. Justice P.K. Balasubramanyan dismissed the appeal holding that the plaintiff (Petitioner herein) is n