P. Somarajan, J.

These two appeals are preferred against the common decree and judgment dated 19-12-1998 of the Sub Court, Kozhikode in O.S. No. 259 of 1992 and O.S. No. 694 of 1993. The main issue involved in the suit is with respect to execution of two contracts for sale exhibited as A-1 and A-5. According to the plaintiff in O.S. No.259 of 1992 (which is treated as leading case in the lower court, hence parties herein below are referred to in their status in the leading case in O.S. No. 259 of 1992), a contract for sale was entered into between the plaintiff and defendant on 15-2-1989, exhibited as A-5, by which the parties have agreed to convey and transfer title over A Schedule property in favour of the plaintiff by receiving a total sale consideration of Rs. 1,50,000. It was inter alia contended by the plaintiff that at the time of execution of A-5 agreement, an amount of Rs. 70,000 was given by way of advance out of the sale consideration. The agreed period for performing Exhibit A-5 contract was up to 30-4-1989. It is thereafter that another agreement was entered into with the defendant on 9-3-1990 (produced and marked as Exhibit A-1), due to the intervention of so