Second Appeal No. 80 of 1983 is by the 1st defendant in O.S.No. 83/76 of the Sub Court, Badagara (originally filed as O.S.No. 160/75 on the file of the Munsiff's Court, Payyoli). Second Appeal No. 107 of 1983 is by the plaintiff and defendants 3 and 4 in O.S.No. 34/ 75. O.S.No. 83/76 is for specific performance of an agreement of sale and O.S.No. 34/75 is a suit for partition. The subject-matter in both the suits being the same, they were jointly tried. In order to understand the controversy in the appeals it is necessary to state the facts. I shall refer to the parties as they are arrayed in the partition suit viz., O.S.No. 34/75. The suit property in the partition suit belonged in common to three persons Dr. Raghavan, Sri Kanaran and Sri Kunhikannan who purchased the same under the sale deed Ext. A1 dated 17-7-1957 for a consideration of Rs. 300/-. Under Ext. B44 sale deed dated 15-2-1966, one-third right of Kunhikannan was assigned to one Mohandas, Advocate, who is the 2nd defendant in the suit. The partition suit is filed by one of the daughters of deceased Kanaran who died on 28-4-1972. The 1st defendant in the suit is Dr. Raghavan who surrendered his one-third rig