1. Leave is granted in both the matters.

3. The factual background of the case is that on 04/08/2006, one P. R. Yelumalai, who is the appellant in the first appeal, entered into an Agreement of Sale with N. M. Ravi, the respondent in the first appeal, is the absolute owner of the property. The total consideration for the sale was Rs.41,60,000/-, out of which a sum of Rs.8 Lakhs was paid as advance money towards the total consideration amount. Thereafter, the Seller vide legal notice dated 04/09/2006 sought to cancel the agreement of sale which was refused by the Buyer. This led to filing of a suit for specific performance of the contract by the Buyer P. R. Yelumalai (hereinafter referred to as "the Plaintiff - Buyer"), before the II Additional Civil Judge (Sr. Division), Kolar, being OS No. 439/2006. The Seller N. M. Ravi (hereinafter referred to as "the Defendant - Seller") conceded to th