G ANBAZHAGAN Vs. G MANOHARAN

JUDGEMENT

(1.) A.S.No.256 of 1992 is filed against the judgment and decree passed in O.S.No.141 of 1989 and A.S.No.478 of 1996 is filed against the judgment and decree passed in O.S.No.302 of 1989.

(2.) O.S.No.141 of 1989 was filed by the first respondent herein for specific performance of agreement of sale and the suit was decreed and aggrieved by the same, defendants 2 and 3 filed the appeal. O.S.No.302 of 1989 was filed by the appellants in A.S.Nos.256 of 1992 for declaration and for injunction against the plaintiff/first respondent in A.S.No.256 of 1992 and the suit for declaration and injunction was dismissed and specific performance was granted. Both the suits were tried together and common judgment was rendered and aggrieved by the judgment and decree, defendants 2 and 3 in O.S.No.141 of 1989 and the plaintiffs in O.S.No.302 of 1989 filed the above appeals.

(3.) The case of the first respondent/plaintiff in O.S.No.141 of 1989 is as follows:-