JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 21.02.2022 passed by the High Court of Kerala at Ernakulam in Regular First Appeal Nos. 686/2010 and 766/2010, by which, the High Court has dismissed RFA No. 766/2010 preferred by the appellant herein – original plaintiff and has partly allowed RFA No. 686/2010 preferred by the original defendant with respect to the proportionate cost, the original plaintiff has preferred the present appeals.

2. That the respondent herein – original defendant entered into an agreement to sell with the appellant – original plaintiff on 13.07.2005 for a consideration of Rs. 52,500/- per cent with respect to the property ad-measuring 9 acres 47.41 cents in Re-Survey No. 35/2/1 of Karukutty Village. Under the said agreement to sell a sum of Rs. 1 crore was paid by the appellant to the defendant towards earnest money of which Rs. 65 lakhs were paid in cash and Rs. 35 lakhs were in the form of post-dated cheque dated 25.08.2005. As per the terms of the agreement to sell the last date fixed for payment of the balance sale consideration was 12.01.2006. The post-dated cheque of Rs. 35 lakhs deposite