First appeal and Transfer Appeal filed against the judgment and decree of the Additional Subordinate Judge, Chengalpattu dated 27. 1994 passed in O.S.No.44 of 1993 and O.S.No.280 of 1993.

I Nature of suits in appeals:

The appeals are against the common judgment rendered on 27. 1994 in O.S.Nos.44 of 1993 and 280 of 1993. The former suit viz., O.S.No.44 of 1993 was for specific performance of agreement of sale, admittedly executed by the first defendant in favour of the plaintiff for a consideration of Rs. 44,000/-on 19. 1992. The second defendant is the wife of the first defendant and defendants 3 to 5 are their sons. The first defendant has filed his own suit in O.S.NO.280 of 1993 for a declaration that the agreement of sale has been rescinded, and for recovery of possession of the property with past damages. The Court below decreed the suit as prayed for and dismissed the defendants suit. The defendants in O.S.No.44 of 1993 are the appellants.

II The contention of the plaintiff:

2. The contention of the plaintiff in the suit is that the first defendant entered into an agreement of sale in favour of the plaintiff on19. 1992 and on the same date, Rs.20,000/- had been paid