judgment

Dr. Arijit Pasayat, J. –

1.Challenge in these appeals is to the judgment of a Division Bench of the Kerala High Court.

2.Background facts need to be noted in some detail. Two suits were filed for specific performance of agreement to sell the suit properties. Appellant No.1 is the plaintiff in OS No. 11 of 1997 which was filed in the Sub Court Mavelikara on 23.2.1987. Appellant No. 2 is the plaintiff in OS No. 17 of 1987 which was filed on 28.2.1987. The three defendants were common to both the suits. Defendant no.1 is defendant No.2’s brother’s son and defendant No. 3 is the wife of defendant No. 2. Defendant No. 3 obtained the property mentioned in the two suits under an exchange of properties between her and her husband i.e. defendant no.2. She mortgaged the properties to the Kerala Financial Corporation Limited. Sometime in 1970 defendant No.3 executed a Power of Attorney in favour of her husband-defendant No.2 authorising him to deal with the property. On 17.5.1974 defendant No.2 sold portions of the property to defendant No.1 acting on the power conferred by the power of attorney vide Exhs. A 8 and A 18. Subsequently on 12.8.1974, defendant No.3 cancelled the power of at