Judgment

HEODE, J.-These connected appeals by certificate arise from the decision of the High Court of Kerala in Appeal Suit No. 569 of 1963 on its file. Civil Appeal No. 1782 of 1966 is filed by the plaintiff in the suit and Civil Appeal No. 1783 of 1966 is filed by the second defendant (who shall hereinafter be referred to as (he defendant), who is contesting this appeal.

2. The suit was for specific performance on the basis of an oral agreement alleged to have been entered into on 9-9-1921 (Malayalam Era) between the plaintiff and the 1st defendant who died very soon after the filing of the suit. The suit was contested by the second defendant, his widow. The trial court decreed the suit as prayed for but in appeal the High Court did not accept the agreement pleaded by the plaintiff but still granted a decree directing the defendant to execute a sale deed in favour of the plaintiff in respect of item No. 1 of the plaint schedule properties less one acre of paddy field at its east for a sum of Rs. 11,500/-.

3. Originally the plaintiff was the owner of the suit properties. He sold the same to the 1st defendant on 9-9-1921 (Malayalam Era) under Exh. P-1. According to the plaintiff at t