Judgement

Appeal (No. 79 of 1931), by special leave, from a decree and order of the Judicial Commissioner, North-West Frontier Province (January 18, 1930, and June 26, 1930), upon appeals from the District Judge of Peshawar.

The appeal was in a suit instituted by the respondent in the District Court of Peshawar on May 12, 1922, against Mohammad Afzal Khan, for specific performance of a contract in writing dated May 1, 1921, by which the defendant sold to the plaintiff certain land. The appellants, to whom possession had been transferred between the date of the contract and the institution of the suit, were added as defendants.

The facts of the case and the course of the proceedings in India appear from the judgment of the Judicial Committee.

1932. May 27, 30, 31. Dunne K.C. and Pringle for the appellants.

De Gruyther K.C. and Parikh for the respondent.

The arguments were mainly upon the facts. Upon the Question of the onus of proof under s. 27 (b) of the Specific Relief Act, 1874, which their Lordships did not find it necessary to decide, reference was made to Varden Seth Sam v. Luckpathy Royjee (( 1862) 9 Moo. I. A. 303, 322.); Gobind Chunder Mookerjee v. Doorga Persaud (( 1874) 2