- (1.) Both these appeals are under special leave and relate to a peace of land admeasuring about 93 acres situate in the village Ninavaram near Vijayawada. The land came to respondent 3 under a deed of" settlement dated Februarys, 1944 executed by her mother in her favour.
(2.) On April 29, 1950 respondent 3 and her husband, Ramamurthy Pantulu (since "deceased), executed an agreement for Sale (Ex.B-9), in favour of respondent 2 and received Rs.5,400/- as earnest out of Rs. 30,000/-, that being the agreed consideration. The agreement provided that respondent 3 would pay a further sum of Rs. 9,600/- at the time of the execution of the sale deed and the balance of Rs. 15,000/- in 3 Annual instalments of Rs.5,000/- each. It also recited the fact that respondent 3 and her said husband delivered possession of the said land to respondents 1 and 2 on that very day.
(3.) On June 15, 1950 respondent 3 and her said husband went to Madras and executed a deed of sale (Ex.A-5) conveying thereby the said land in favour of the appellants for a consideration of Rs. 20,000/-. The appellants paid Rs. 3,000/- to respondent 3 and for the balance of Rs. 17,000/- executed a promisory note. As regards possession, the sale deed provided as follows: "You (i.e. the appellants) shall have to take possession of the property covered by this sale. Tn regard to the same we shall assist you to the fullest extent. As soon as you take possession of the land it is agreed that the 1st individual of you (i.e appellant 1) shall pay the amount due under the promisory note executed in our favour." The liability to pay Rs. 17,000/- under the said promisory note was thus to arise only on the appellants obtaining possession of the land.;