Judgement

Consolidated Cross-Appeals (No. 30 of 1932, and No. 98 of 1933) from a decree of the High Court (May 1, 1930) varying a decree of the Court of the Government Agent, East Godaveri (July 6, 1925).

The plaintiff, who had obtained a decree against the defendant for more than four lakhs of rupees in respect of money lent on the security of certain property, brought the mortgaged property to sale by auction and himself purchased it. The balance of the purchase price, after deducting the sum due to the plaintiff, was claimed by the puisne mortgagees. By arrangement with the defendant, who was then a minor, and his guardian, it was arranged that the plaintiff should re-convey to the minor for Rs. 139,986 (a sum equal to the above mentioned balance of the purchase price) a certain village, part of the property which he (the plaintiff) had bought by auction, in consideration of the sons not taking any proceedings to set aside the auction sale. It was agreed that the minors guardian should pay the Rs. 139,986, and the compromise transaction was duly sanctioned by the Court as beneficial to the minor. Nothing having been paid under that arrangement, the plaintiff sued the minor, who