ORDER

Leave granted.

2. These appeals by special leave arise from the judgment and order dated August 10, 1995 of the Kerala High Court made in A.S. Nos. 147 and 303 of 1987. The appellants were the plaintiffs. The first respondent and her son Sailesh were defendants in O.S. No. 56/80 for partition between the co-parceners. Therein Prabha Cinema Theatre situated in Cannanore was allotted to them in a compromise decree, subject to their paying a sum of Rs. 1,55,000/- each to the plaintiff and the second defendant therein within three months from the date of the compromise decree dated 22.10.80. Since the amount could not be paid, the theatre was brought to sale at a court auction dated June 24, 1982 and was sold for a sum of Rs. 5,44,000/-. The auction was to be confirmed on or before July 25, 1982. Since she was not in a position to pay the amount, she had through her brother, DW-2 approached the appellant. In furtherance of the understanding, the appellant was to deposit Rs. 2,10,391/- in the court before confirmation of the sale towards the 1/3rd of the amount deposited plus 5% of the founding fees. Accordingly, the appellant had lent that amount with a condition that the responde