- (1.) This appeal arises but of a suit for specific performance of a contract to sell land. The suit had been brought by the purchaser and decreed by the trial court. The vendor having died shortly before the suit, his heirs had been made the Defendants and they are the Appellants before us.
(2.) The contract was made on November 13, 1937. By this contract the vendor covenanted as follows: I agree and promise that within fifteen days from this date I shall deliver exact copies of my title deeds, etc., to the pleader appointed by you, after giving him inspection thereof. If it be decided that I have a good saleable title to the said property, then within eighteen days of the date of delivery of the copies of the said deeds, I shall, on receiving the balance of the consideration money, have a deed of sale in respect of the said property free from encumbrances and defects, written and read over and signed (and) execute the same in favour of yourself or your nominee and shall get the same registered and deliver khas possession thereof.
(3.) The land to be sold was permanently settled khas mahal land registered in the name of the vendor in the Collectorate and of which he was said to be in possession. There is a statement in the contract that the property was absolutely free from encumbrances and defects.;