Shah, J. - (1.) This is an appeal with special leave against the judgment of the High Court of Madras.
(2.) On February 18, 1948, S. Nanjalingiah Gowder - hereinafter referred to as the plaintiff -borrowed Rs. 1,500 from K. Simrathmull - hereinafter called the defendant. On February 19, 1948 the plaintiff executed a sale deed conveying to the defendant certain land at Ootacamund together with a house standing thereon and belonging to him for Rs. 700. Two other documents were executed on the same day:(1) a deed of reconveyance (Ext. A-1) counterpart of the sale deed in favour of the plaintiff which contained the following covenant: "If you pay the sum of Rs. 1,500 within a period of two years I shall at your cost and your responsibility execute a sale in respect of the under-mentioned land and house. You shall pay the assessment for the house and the municipal tax, you shall if there is any arrears of rent pay the same prior to the sale, as per the rental deed executed by you and your father. If there is arrears of rent for six months, the aforesaid counterpart deed shall become cancelled.", and (2) a Rent Note by the plaintiff and his father Bora Gowder in favour of the defendant agreeing to pay rent at Rs. 26-4-0 per mensem for occupation of the house and the land.
(3.) Rent accruing due was not paid regularly by the plaintiff and his father, and by April 1949 it was in arrears for seven months. The plaintiff sent Rs. 52-8-0 by postal money order being rent for two months, on April 20 1949, but it was not accepted by the defendant. The plaintiff then filed on November 7, 1949 a suit in the Court of the Subordinate Judge, Ootacamund, for specific performance of the agreement of reconveyance contained in the deed Ext. A-1. The suit was dismissed, for, in the view of the trial Court, the conditions incorporated in Ext A-1, had not been strictly complied with, and the agreement stood cancelled. The decree of the trial Court was affirmed in appeal. But in second appeal the High Court of Madras reversed the decree and ordered specific performance.;