J U D G M E N T

R.F.A.No.67/2005 is preferred against the judgment and decree of the 1st Additional Sub Judge, Trivandrum in O.S.No.131/1995. R.F.A.No.165/2005 is preferred against O.S.No.173/1995 and R.F.A.No.166/2005 is preferred against O.S.No.175/1995. All these suits were for specific performance of the contract with alternative reliefs for damages and return of the amount.

2. The trial court on a consideration of the entire materials held that the plaintiffs are not entitled to specific performance of the contract, but directed the defendant to return the advance amount paid + cost of construction made by the plaintiffs in pursuance of the contract with 12% interest from the last date of agreement dated 30.9.1994 till the date of suit and at the rate of 6% thereafter. It is against those decisions, the defendant in these cases have come up in appeal.

3. Heard the learned counsel for the appellant and also the counsel for the respondent in RFA.No.67/2005. O.S.No.131/1995 against which RFA.No.67/2005 contains the following facts:

The plaintiff and defendant have entered into an agreement for sale with respect to 16 cents of land comprised in Sy.No.156/2-14 of Vilavoorkkal village o