Common Judgment:

1. The above two second appeals are directed against the judgments of the Lower Appellate Court, one reversing the judgments passed in the suit for declaration of title and recovery of possession and two dismissing the suit filed for specific performance.

2. The appellants are the plaintiffs in O.S.No.227 of 1998 suit filed for declaration and possession and the defendants 1 to 3 in O.S.No.99 of 2004 the suit filed for specific performance.

3. The subject suits is in respect of 4 acres 52 cents of dry land in R.S.No.54/1 in Killai Village, Parangipettai Sub-Registrar District, Chidambaram Registration District.

4. The case of the appellants is that, the suits property was purchased from one Maragatha ammal on 23.09.1985 by the appellants Seetharaman, his minor brothers Parijathakannan and Karthikeyan, vide Ex B-4 sale deed. The management of the property was left to one Kannapiran the junior paternal uncle of the appellants. The said Kannapiran, without their consent and knowledge, delivered the possession of the property to one Ganeshamoorthy in December 1994 through an oral bogiyam, which the appellants came to know only in the year 1998. Kannapiran the manager of the property has no right to create any bogiyam. Any such bogiyam even if effected is not valid in law and will not bind the appellants. Hence, suit in O.S.No.227/1998 filed for declaration of title, delivery of possession and mense profit against the manager Kannapiran and Ganeshamoorthy. Pending suit, Ganeshamoorthy died. Hence, his legal representatives were brought on record as defendants 3 to 7.

5. Pending O.S.No.227/1998, Ganeshamoorthy during his life time filed O.S.No.99/2004 for specific performance against appellants herein alleging that, the suit property is the joint family property of Seetha raman, Parijathakannan and Karthikeyan, who are the appellants in S.A.Nos.52 and 53/1998. Appellants father Venugopal Pillai died long time back. Logu @ Loganayaki is the appellants mother and Selvi is the appellants sister. For performing the marriage of their sister Selvi, for family maintenance and to clear debts the appellants along with their Junior paternal uncle Kannapiran, his wife and one Loganatha Nadar came to the plaintiffs house on 11.11.1987 and offered to sell the suit land. The price was fixed at Rs 10,000/- per kani and advance of Rupees 2,500/- was received by the appellants on that day to meet out the Nichaiyatharam (bedrothal) ceremony of Selvi. It was agreed by the plaintiffs to pay Rs.17,500/- before the marriage of Selvi. It was further agreed that the balance sale consideration will be paid at the time of registration. It was an oral agreement and no time was fixed for performance of that contract. The title deed of the property and possession of the property was handed over to them on the same day. After taking possession of the property, the plaintiffs have improved the barren land and made it worth cultivable by spending a sum of Rs.30,000/- and paying kist from 1987.

6. On 24.11.1987 the appellants along with their mother and junior paternal uncle and his wife came to the plaintiffs house and received Rs. 17,500/- towards part sale consideration. In view of good relationship prevailing at that time, the plaintiffs did not get receipt for the payment of this money. He was informed by the appellants and his family members that, they have nominated Kannapiran as their authorized agent and the plaintiffs can pay the balance money to him and get the sale deed registered. Accordingly, the plaintiffs paid to Kannapiran various sum of money and five bags of paddy worth of Rs.650/- altogether Rs.31,420/- including Rs.20,000/- paid in cash to the appellants and their mother. The receipts of the money on behalf of the appellants are acknowledged by Kannapiran through his letter dated 23.3.1990 and 6.4.1990. The balance sale consideration is only Rs. 2565/- and the plaintiffs are always ready and willing to pay this balance amou