Judgment

SHAH, J. : (For himself and K. N. Wanchoo, J.) : This appeal with special leave is filed against the judgment of the High Court of Judicature at Madras reversing the decree of the Subordinate Judge, Ramnathapuram in original suit No. 30 of 1959. Gomathinayagam Pillai and his son Chinnathambia Pillai-hereinafter collectively referred to as appellants 1 and 2: were owners of a plot of land Survey No. 1155/2-3 in village Periyakulam, District Ramnathapuram. In March 1959 Palaniappa Pillai son of the first appellant was standing trial in a criminal Court for the offence of murder and the first appellant was in need of funds to defend him. On March 5, 1959 appellants 1 and 2 agreed verbally to sell S. No. 1155/2-3 to Palaniswami Nadar - respondent in this appeal for Rs. 15,106/- and received Rs. 1006 in part payment of the price. No time was fixed for completion of the sale. A receipt Ext. A-1 was executed by appellants 1 and 2 reciting that the land was agreed to be sold by appellants 1 and 2 to the respondent and that Rs. 1006 were received as "advance amount." On March 31, 1959 Palaniappa Pillai was convicted of the offence of murder and sentenced to imprisonment for life. On