J U D G M E N T

These three appeals arise from the common judgment and decree passed in O.S.Nos.101/1988 & 98/1990, on the file of the Subordinate Judge's Court, Kasargod. A.S.No.425/1994 was filed by the defendant in O.S.No.101/1988. A.S.No.428/1994 was also filed by her against the decree passed in O.S.No.98/1990. A.S.No.655/1994 was filed by the plaintiff in O.S.No.101/1988. O.S.No.101/1988 was filed by the plaintiff originally for specific performance. O.S.No.98/1990 was filed by the wife of plaintiff in O.S.101/1998 against the very same defendant for refund of money advanced by the plaintiff for purchase of five cents of property. For the sake of convenience, parties will be referred to as vendor and vendee.

2. The common defendant in O.S.No.101/1988 and O.S.No.98/1990 was the owner of 60 cents of property. On 14.4.1987, she entered into two agreements one with the plaintiff in O.S.No.101/1988 and another with his wife, the plaintiff in O.S.No.98/1990. The vendor had agreed to convey 55 cents of property to the husband and 5 cents of property to the wife. On the date of execution of the agreements, she received an amount of Rs.5000/= from the husband. Subsequently, on 28.4.198