ANIL KSHETARPAL, J.

1. By this judgment RSA Nos.1520 and 1809 of 1995 shall stand decided. Both the appeals are arising out of same suit and the judgment passed by the learned First Appellate Court is also common.

2. Defendants-appellants have filed two separate appeals against the decree for possession by way of specific performance of the agreement to sell dated 24.09.1982 with respect to land measuring 51 bighas and 19 biswas. Late Sh. Bhuja Ram @ Bhuja Singh, who was not having any children and his wife had also pre-deceased him, was the owner of the property in dispute. It is the case of the plaintiff that he executed an agreement to sell in favour of the plaintiffs on 24.09.1982 for a total sale consideration of Rs.1,80,000/- and received Rs.1,30,000/- as earnest money. It is further pleaded that the sale deed was to be executed on 10.06.1983 on payment of balance sale consideration of Rs.50,000/-. There are five defendants in the suit. Defendants No.1 (Bant Singh) and 2 (Ram Singh) are sons of Niranjan Singh brother of late Sh. Bhuja Ram @ Bhuja Singh, whereas defendants No.3 to 5 (Sadhu Singh, Rulda Singh and Kirpal Singh) are sons of defendant No.1 (Bant Singh son