"C.R." Thottathil B. Radhakrishnan, J. 1. These appeals arise from a common order dismissing two claim petitions filed invoking Order XX1 Rule 58 of CPC. They were filed in relation to execution proceedings in two different suits. The judgment debtor in both the suits is one Mr.Balakrishnan. In OS No.297/03, a suit for specific performance of a contract for sale, he suffered a decree for return of advance. In OS No.205/01, he suffered a decree for recovery of money based on a commercial transaction. The decrees were put in execution and the judgment debtor's property involved in the suit for specific performance of the contract for sale, OS No.297/03, was brought to sale. The appellant filed claim petitions in both the proceedings on the footing that Balakrishnan had executed a contract for sale in his favour, had obtained Rs.2,50,000/-as part of sale consideration and had put the appellant in possession of the property in part performance of that, on 14.09.1998. According to him, on 19.08.2001, a further amount was also received by Balakrishnan and the period for performance of that agreement was extended till 14.01.2002. He pleaded that on account of Balakrishnan's fai