Judgement

Appeal (No. 52 of 1929) from a decree of the Court of the Judicial Commissioner, Central Provinces (April 8, 1926), reversing a decree of the District Judge of Hoshangabad (September 30, 1924).

The appeal arose out of a suit for specific performance of a contract for the sale of a share of a mauza subject to the provisions of the Central Provinces Tenancy Act, 1920, " with sir and khudkast." The first appellant was the son of the vendor, who was defendant No. 1, the other appellants were mortgagees from him. The respondents were the assignees of the purchaser Masammat Jankibai, who was plaintiff in the suit.

The facts, and the terms of s. 50, sub-s. 1, of the above Act, appear from the judgment of the Judicial Committee.

The appellate Court (reversing the trial judge) made a decree in favour of the plaintiff in the terms appearing in the present judgment. The assignment by Jankibai to the respondents was made after the decree, and the respondents names were ordered to be substituted for hers as respondents to the present appeal.

1930. July 17, 18. Dunne K.C. and Wallach for the appellants. De Gruyther K.C. and Parikh for the respondents.

July 29. The judgment of their Lor