These two appeals have been referred to a Full Bench for the determination of three questions framed by Basheer Ahmed Sayeed, J., on the ground that there was a conflict of decisions on the points covered by them.

Before setting out these questions, it might perhaps be more convenient to narrate the facts giving rise to these appeals, because on them would depend as to how far it is necessary for us to decide the questions which have been formulated by the learned Judge. One Kothandapani Naidu who is the respondent in these two appeals filed two suits, O.S. No.651 of 1949 and O.S. No.717 of 1949 on the file of the City Civil Court, Madras, against the Corporation of Madras who is the appellant in these appeals. In the first suit O.S. No.651 of 1949 he made a claim for a decree in his favour for a sum of Rs.980, being the value of green grass supplied to the Corporation between 1st November, 1948 and 31st March, 1949 and for the refund to him of a sum of Rs.270, which had been deposited by him with the Corporation as security for the supply of the said grass. The plaintiff also claimed some amount by way of interest on the value of the grass, but as the claim