Judgment

GAJENDRAGADKAR, J. (who delivered the majority judgment on behalf of Sinha, C. J., himself, Subba Rao and Wanchoo, JJ.) : The Associated Hotels of India Ltd., and its Managing Director Mohan Singh Oberoi (hereinafter called appellants 1 and 2 respectively) had filed an application in the High Court of Punjab under O. 45, R. 15, C. P. C., for executing a decree passed by the Federal Court of Pakistan in favour of appellant 2 and against Jodha Mal Kuthalia (hereafter called the respondent). The said application was dismissed but, on an application made by the appellants under Art. 133(1) (a) and (c) of the Constitution the said High Court granted a certificate to the appellants and it is with the said certificate that they have preferred the present appeal before this Court.

2. It is necessary at the outset to state the material facts leading to the appellants application before the High Court under O. 45 R. 15. It appears that by an agreement dated October 2, 1947, the respondent had agreed to sell to the appellants certain property known as Nedous Hotel at Lahore for Rs. 52,75,000. In pursuance of the terms of the said agreement the appellants had paid the respondent Rs. 5,