J U D G M E N T

These are the two appeals preferred by the respective parties viz., the plaintiff and the defendant Nos.5 and 6, against the same decree and judgment rendered by the trial court in a suit for specific performance and for partition, based on Ext.A2 agreement dated 12-09-1986, by which the parties have agreed to sell 4 cents of property within a time schedule of six months. An amount of Rs.24,500/- was initially received out of the sale consideration by way of advance. There are four proposed sellers with respect to the 4 cents of property and they are the co-owners of the property holding 1/4th share each. On expiry of six months period as agreed into in Ext.A2 agreement the period was extended 26 times by endorsements on the reverse side of Ext.A2 agreement, spanning over a long period of in and around 9 years. It is thereafter, the plaintiff came up with a suit for specific performance of the contract against the first defendant and the subsequent alienees, the defendant Nos.5 and 6. During the interval of 26 extensions, an additional amount was also paid in piecemeal and thereby a total amount of Rs.49,500/- was paid to the four proposed sellers, including the fir