JUDGMENT

HANSARIA, J:—This litigation is about three and half decades old by now inasmuch as the suit for specific performance for reconveyance of the property sold by the plaintiff was filed in 1962. It was decreed by the trial Court (a single Judge of the Madras High Court) on 10-11-65. The Letters Patent Bench, however, on appeal being preferred, set aside the decree on 10.5.72. Hene this appeal by special leave by the plaintiff. As the plaintiff died in 1980, his legal representative has pursued the appeal. It may also be stated that during the pendency of this appeal the appellants assigned their right to two outsiders sometime in September, 1988. We would have, therefore, to see, in case we were to agree with the plaintiff regarding there having been a contract for reconveyance, which is the real bone of contention between the parties, whether in view of the aforesaid assignment, a decree for specific relief is still called for, keeping in view the fact that such a relief is discretionary.

2.We may note relevant facts. These are, that the original plaintiff, S.V. Ramakrishna Mudaliar, was a man of means at one point of time, to run into rough weather, which required mortgage o