Vinod K. Sharma, J. (Oral).:- This judgment shall dispose of RSA Nos. 972 & 973 of 2007 titled Gulzar Singh Versus Julphan & others, as both these appeals arise out of the same judgment and decree.

2. For the sake of brevity, facts are being taken from RSA No. 972 of 2007.

3. The plaintiff/appellant brought a suit claiming possession by way of specific performance of agreement to sell dated 24.5.1993 and 17.6.1993, said to have been executed by guardian of Julphan minor.

4. It was pleaded, that by way of agreement dated 24.5.1993 the minor defendant / respondent Nos.1 and 2 had agreed to sell land measuring 5K-3M. However, in spite of permission by the Court defendant failed to execute the conveyance deed. It was also pleaded that the plaintiff was willing and still willing to perform his part of contract.

5. The suit was filed on 20.7.1994. Respondents No.1and 2, i.e. minor filed another suit on 30.7.1994, to challenge the agreement dated 24.5.1993 to be null and void and not binding on the rights of the plaintiff / respondents No.1 and 2.

6. The suit was contested, primarily on the plea, that the agreement dated 24.5.1993 was not enforceable, in law as respondent No.1 an