Judgment

SHAH, J. : 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 ag