JUDGMENT

A.S.No.38 of 2002 arises from O.S.No.174 of 1996, a suit for specific performance. The suit was decreed by the trial court against which the defendants 1 to 3 are in appeal.

2. A.S.No.36 of 2002 arises from O.S.No.547 of

1996. It is a suit for recovery of possession on the strength of title and for damages. The defendants 1 to 3 in O.S.No.174 of 1996 are the plaintiffs in the suit. It is a suit is filed against the plaintiff and the 4th defendant in O.S.No.174 of 1996. The suit was dismissed by the trial court and the plaintiffs are in appeal. 3. The trial court considered O.S.No.174 of 1996 namely, the suit for specific performance, as the leading case. For the sake of convenience, these appeals are also been considered accordingly. Parties are being referred to as per their status in O.S.No.174 of 1996.

4. On 21.05.1987, Ext.A1 agreement for sale was entered into between the plaintiff and the 4th defendant on one part and defendants 1 to 3 on the other part. As per Ext.A1, an extent of 8.98 acres of property out of a larger extent of 9.18 acres was agreed to be conveyed to the plaintiff and the 4th respondent at the rate of Rs.15,000/- per acre. An amount of Rs.50,000/- was