1. - The subject-matter of both these cases being same and factual and legal averments being identical, they are being disposed of with this common judgment, copy of which shall be retained in each file.

2. Het Ram-appellant in above First Appeal, allegedly by an agreement to sale dated 3.4.1984 (Annex. 1) agreed to sale 16 bighas 10 biswas land situated in chak No. 3MSD, the details of which is mentioned in para 3 of the writ petition. The land was agreed to be sold at the rate of Rs. 11000/- per bigha and out of sale price, Rs. 80,000/- were allegedly paid to Het Ram in cash at the time of execution of Annx.1. The possession of the land was also alleged to have been given to Ram Kumar .

3. It was mentioned in Annx.1 that remaining amount was to be paid on 2.8.1984 when sale-deed was to be registered. Vide Annxs.2 and 3, this date was extended up to one month from getting the permission of sale from the revenue authorities.

4. Rajendra and Satpal-sons of Het Ram, filed a suit under sections 88 & 188 of the Tenancy Act, for declaration and partition, against their father Het Ram, uncle Hanuman and grand-mother Mst. Dhapi and against remaining three brothers, with the averment