Naik, J. -- 1. This judgment would decide S.A. No.304/99 (Rameshchandra and another v. Kamal Kishore and others) and S.A. No.344/99 (Bhogabai (dead) and others v. Omprakash and others), since both the appeals arise from common facts and documents.

2. S.A. 304/99 is defendants' appeal against the judgment and decree dated 21.4.1999 passed by the Court of District Judge, Gwalior (M.P.), in Civil Appeal No.47-A/98 reversing thereby the dismissal of Civil Suit No.366-A/91 and granting a decree for specific performance. Needless to say that while deciding S.A. No.304/9, references about evidence have been taken from the record of Civil Suit No.366-A/91.

3. Facts relevant herein for the purposes of the said appeal are that the plaintiff Dhannalal (predecessor of respondents) instituted a suit against Ratiram (predecessor of appellants) for specific performance with allegations that the plaintiffs needed Rs.4,000/- in the year 1969 for domestic expenses. He agreed to mortgage the suit house for the said consideration. Defendant got executed registered sale-deed in his favour on 11.4.1969 for a consideration of Rs.4,000/- with a contemporaneous agreement of resale for the same amount