JUDGMENT :

N. Sathish Kumar, J.

1. Aggrieved over the concurrent finding of the Courts below, granting a decree for specific performance in part of the contract and also declaring the relief of declaration sought by the plaintiff in O.S. No. 68 of 2004, these two Second Appeals are filed.

2. Originally, the suit in O.S. No. 68 of 2004 was filed by the plaintiff, who is the appellant herein, to declare the title and recover the possession and also mandatory injunction. The suit in O.S. No. 52 of 2005 was filed by the plaintiff, who is the respondent herein, for enforcing the agreement dated 26.04.2003.

3. For the sake of convenience, the parties are referred to herein, as per their ranking before the Trial Court in O.S. No. 68 of 2004.

4. The brief facts leading to the filing of the suit in O.S. No. 68 of 2004 are as follows:

By agreement dated 26.04.2003, the plaintiff has agreed to sell the two plots of lands consisting of 13 cents to the defendant. As the defendant failed to perform his part of obligation, the contract was terminated by the plaintiff on 11.08.2004. The defendant also forfeited his amount. After receipt of the legal notice, the defendant has issued a reply notice with f