M. Madhavan Nair, J.

1. These two cases have arisen out of a contract of sale between Kunchi Amma and her husband Kuttikrishna Menon on the one part and Kannan Menon on the other. The contract for sale is evidenced by a letter, Ext. P. 1, in the case. It is dated December, 1, 1955. It shows that the parties have agreed for a sale and purchase of the suit property for a sum of Rs. 6,500/- and that a sum of Rs. 300/- has been paid and the remainder should be paid on the execution of a conveyance within a week thereof. Admittedly, the sale did not take place either within the stipulated period or "thereafter. On 13-7-1956 the buyer made demand to the vendor for return of the advance paid by him under Ext. P. 1 as also for damages to the extent of Rs. 100/- for the breach of contract for sale. The reply of the vendor dated 19-7-1956 is proved in the case as Ext. P. 2. There the vendor attributed the breach of contract to the buyer and claimed damages to the extent of Rs. 1,000/-. The buyer instituted the suit, O. S. No. 32 of 1957, for return of the advance and for damages to the extent of Rs. 100/- on 9-2-1957; which was soon followed by another suit by the vendor, O. S. No. 54