- (1.) Since in both these First Appeals common controversy is involved and as such these Appeals are being decided by this one and common judgment.
(2.) Heard Sri Shashinandan, learned Senior Advocate, assisted by Sarvasri Manoj Kumar Singh and Ashutosh Srivastava, learned counsel for the appellants. Respondents are represented by Sri Muralidhar, learned Senior Advocate, assisted by Sarvasri Siddharth Verma, Vivek Verma and R.P. Singh.
(3.) These First Appeals, under Section 96 of the Code of Civil Procedure, have been preferred against the judgment and decree dated 31.5.2000, passed by the V Additional District Judge, Varanasi, in Original Suit No. 724 of 1989, Dr. Kailash Chandra Gupta v. . Mirza Anwar Bakht and others and Original Suit NO. 731 of 1989, Dr. Kailash Chandra Gupta v. . Swaleha Sultan Begum and others. The subject matter of the dispute is specific performance of Agreement to Sell, alleged to have been registered between the parties. It emerges from the record that an Original Suit No. 724 of 1989 was filed by the plaintiff-respondents against the defendants for specific performance of the contract of sale dated 22.2.1988, registered on 5.4.1989 and in the alternative refund of Rs. 35,000/= alongwith 24% interest per annum was also sought.;