D. M. DHARMADHIKARI, J.

( 1 ) THIS appeal as also First Appeal No. 330 of 1996 (Ajay Rajan and others v. Smt. Jyoti Shrivastava and others) are being decided by a common judgment as they arise out of two civil suits between the same parties, jointly tried and decided by a common judgment.

( 2 ) CIVIL Suit No. 5-A/89 giving rise to F. A. No. 229/96 was filed by Babulal Agrawal (hereinafter referred to as "the vendee" for short) for specific performance of agreement of sale dated 12th May, 1982 (Ex. D/5) in relation to the suit property which is a house site of the area 15,400 sq. ft. with eight quarters or houses standing thereon which are admittedly in possession of tenants in the city of Bhopal.

( 3 ) CIVIL Suit No. 14-A/89 giving rise to F. A. No. 330/96 was filed by respondent-Ajay Rajan and his four other brothers - all sons of Gourish Chandra Saxena seeking a declaration in their favour of they being owners of the suit property and for obtaining an injunction against the vendors and vendees who were parties to the agreement of sale Ex. D/5.

( 4 ) THE vendors and vendees to the agreement Ex. D/5 are parties to both the suits. Since the subject-matter of the two suits was common

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