Judgment

Fazl Ali. I. (on behalf of himself and Mukherjea and Chandrasekhara Aiyar JJ.)- This is an appeal from a judgment of the Judicial Commissioner of Coorg in a suit filed by respondent 1 (hereinafter referred to as the plaintiff) against the appellant (hereinafter referred to as defendant 1) and respondent 2 (herein after referred to as defendant 2), for the specific performance of a contract. Defendant 1 owned a bungalow in Mercara known as "Morvern Lodge. The suit which has given rise to this appeal was instituted by the plaintiff for the specific performance of an alleged contract of sale in respect of this bungalow.

2. It appears that defendant 1 owned certain estates in Mercara, and one Mr. White was an alternative Director in one of the estates, and Youngman was the manager of another estate also belonging to defendant 1 and was looking after "Morvern Lodge during his absence. It seems that about the middle of 1944, the plaintiff asked White if be would cable to defendant 1 his offer of Rs. 4,000 for the bungalow, and, on 1-6-1944, White sent a cable to defendant 1 to the following effect: Have enquiries Mercara bungalow if for sale, wire lowest figure. On 24-7-1