Judgment

SARKARIA, J.:- These two appeals on certificate arise out of execution petition No. 118 of 1962 on the file of the Subordinate Judge, Trichur, filed by P. Meriappa Gounder (hereinafter referred to as the plaintiff) to execute the decree of the SC in C. A. 129/56 passed on April 22, 1958. The common facts, out of which these appeals arise, are as follows:

2. The plaintiff filed a suit on August 23, 1950 in the District Court, Trichur, for specific performance of an agreement, dated May 22, 1950, made by Soliappa Chettiar (hereinafter referred to as defendant 1) to sell a factory known as "Sivakami Tiles Works", for a consideration of Rs. 90,003/-. The plaintiff made an advance payment on that very date of a sum of Rs. 5,003/- to defendant 1. It was stipulated in the agreement that the sale deed must be executed and registered on or before July 15, 1950. It was further provided that our of the balance of sale consideration, Rs. 50,000/- would be paid by the plaintiff at the time of the registration, and for the remaining Rupees 35,000/-, the plaintiff was to execute a mortgage of the suit property to be redeemed on or before May 31, 1951. It was further agreed that on payment