Judgement

Consolidated appeal (No. 10 of 1946) from two judgments and two decrees of the High Court (February 3, 1943) which had reversed a judgment and two decrees of the Court of the Subordinate Judge of Cocanada (July 29, 1941).

The following facts are taken from the judgment of the Judicial Committee. The appeals arose out of two connected suits. Of those, one—/No. 38 of 1940—was brought by the appellant, Sara Veeraswami or Veerraju (hereinafter called the appellant-plaintiff) against the first and second respondents for specific performance of an alleged oral agreement to reconvey certain properties which had been sold to them. The other suit—No. 32 of 1940—was brought by these respondents against the appellants and others to obtain possession of the said properties. The first named respondent having died in the course of the proceedings his legal representative, the third respondent, was added as a party to each suit.

The circumstances of the dispute leading to this litigation have been fully stated in the judgments of the courts in India and for present purposes the narrative may be limited to a brief summary of the salient features. In November, 1932, the appellant-plaintif