Hon’ble Sudhir Agarwal, J.—Both these appeals are connected involving common questions of facts and law and therefore have been heard together and are being decided by this common judgment.

2. First Appeal No. 629 of 2005 was filed before this Court under Section 96 of Code of Civil Procedure (hereinafter to referred as “CPC”) and First Appeal No. 177 of 2006 has been registered after its transfer from the Court of VIIth Additional District Judge, Kanpur Nagar pursuant to this Court’s order dated 21.11.2005.

3. First Appeal No. 629 of 2005 (hereinafter to referred as “Appeal-II”) is a plaintiff’s appeal arisen from the same judgment dated 30th of May, 2005 and decree dated 5.7.2005 passed by Sri B.P. Saxena, Additional Chief Metropolitan Magistrate - IV/Additional Civil Judge (Senior Division), Kanpur Nagar in Original Suit No. 1300 of 1994 (hereinafter to referred as “Suit-2”) whereby suit has been dismissed.

4. First Appeal No. 177 of 2006 (hereinafter to referred as “Appeal-I”) has also arisen from the same judgment dated 30th of May, 2005 and decree dated 5.7.2005 passed by the same Judge namely Sri B.P. Saxena, Additional Chief Metropolitan Magistrate - IV/Additional Civil Judge (Senior Division), Kanpur Nagar in Original Suit No. 714 of 1994 (hereinafter to referred as “Suit-1”) decreeing aforesaid suit and directing defendant appellants to execute sale-deed of their share in favour of plaintiff-respondents in terms of award dated 27.5.1979 after receiving remaining consideration as stated in the award, alongwith ten per cent interest from the date of award, till execution of sale-deed. This is, therefore, defendant’s appeal.

5. Plaintiffs and defendants belong to a family of common ancestor, late Chhutkan Lal Kapoor, who had two sons namely late Sidha Gopal Kapoor and Manoo Lal Kapoor. Amar Nath Kapoor is son of late Manoo Lal Kapoor and Krishna Gopal Kapoor is son of Sidha Gopal Kapoor. To understand the relationship, family tree is given as under:

Chhutkan Lal Kapoor
Siddha Gopal			Mannu Lal Kapoor (Smt. Shyamo Bibi-wife)
Krishna Gopal Kappor (Smt. Usha Rani - wife)			Amar Nath Kapoor (Smt. Indrani Kapoor-wife)
Praveen Kapoor	Naveen Kapoor	Sharad Kapoor	Om Nath Kapoor

Suit - 1

6. Krishna Gopal Kapoor, his wife Smt. Usha Rani Kapoor and three sons, Navin Kapoor, Sharad Kapoor and Praveen Kapoor instituted Suit-1 in the Court of Second Civil Judge, Kanpur impleading Shri Amar Nath Kapoor, his mother Smt. Shyamo Bibi, wife Smt. Indrani Kapoor and son Om Nath Kapoor as defendants. Suit was instituted for specific performance directing defendants to execute sale-deed in favour of plaintiffs in respect to their half share in House No. 7/24, Tilak Nagar, Kanpur, boundaries whereof were mentioned at the bottom of plaint dated 22nd April, 1983.

7. The plaint case set up is that defendants constitute Hindu Undivided Family (hereinafterto referred as “HUF”) of which defendant -1, Amar Nath Kapoor was Karta and manager. The defendants alongwith Sri Sidha Gopal Kapoor purchased House No. 7/24, Tilak Nagar, Kanpur from one Rai Sahab Lala Dhanpal Chandra, son of Lala Karorimal (Rtd. Principal from Government Technical Institute, Lucknow) who, then, was residing at Sita Niwas, Char Bagh, Lucknow, through sale-deed dated 14th of August, 1946, registered in the office of Sub Registrar on 26th of August, 1946. For the aforesaid purchase, requisite funds were made available from HUF funds.

8. Since the date of purchase, defendants and Sri Siddha Gopal Kapoor and his family members are and were in joint possession and ownership of the said property. Defendants being in need of money for expansion of their business, decided to sell their undivided half share in the disputed property, hence, entered into a “contract for sale” dated 7.2.1979