JUDGMENT

Harjit Singh Bedi, J.—Leave granted.

2. These appeals arise out of the following facts:

Ramakrishna Mudaliar, the owner of the suit property executed two sale deeds dated 26.3.1959 and 31.3.1959 in favour of Mrs. Rajaby Fathima Buhari, and as per an oral understanding between the two (which was subsequently reduced into writing under an agreement dated 24.3.1959) it was agreed that in case the purchase amounts constituting the sale deeds were repaid within three years, the properties would be re-conveyed on payment of 10% in addition to the sale price, etc. It appears that some time in May 1960 Mrs. Buhari, despite notice, failed to re-convey the suit property on which Ramakrishna Mudaliar and his son Matha Prasad, the present appellant, through his first wife filed Suit No. C.S. No. 43/1962 for specific performance of the agreement of re-conveyance dated 24.3.1959. The said suit was decreed on 10.11.1965 on which Mr. Buhari and Mrs. Buhari filed two appeals. A Division Bench of the High Court allowed the appeals by its judgment dated 13.5.1972 whereupon Ramakrishna Mudaliar alone preferred a Special Leave Petition to this Court. Leave was granted and the appeal was duly