Both the appeals arise against the judgment and decree passed in O.S.No.33 of 2004 on the file of Principal District Court, Krishnagiri at Dharmapuri.

2. The first defendant in the suit has filed the appeal in A.S.No.46 of 2006. However, the defendants 2 and 3, who were originally respondents 2 and 3 in the appeal were transposed as appellants 2 and 3, therefore, A.S.No.46 of 2006 has been filed by the defendants 1 to 3 and the respondents 1 and 2 were the plaintiffs.

3. In A.S.No.91 of 2006, the defendants 2 and 3 are the appellants, respondents 1 and 2 were the plaintiffs and the 3rd respondent was the 1st defendant in the suit.

4. The plaintiffs filed the suit in O.S.No.33 of 2004 for specific performance and for permanent injunction.

5. The brief case of the plaintiffs are as follows:-

(i) According to the plaintiffs, the suit properties belonged to the 1st defendant. The 1st defendant entered into an agreement of sale with the 2nd plaintiff on 27.4.2002 to sell the suit property for a sum of Rs.6,90,000/-. On the date of execution of the agreement, the 2nd plaintiff paid an advance of Rs.50,000/- to the 1st defendant. The 2nd plaintiff also paid a further advance of Rs.1,50