Judgement

Appeal from a judgment and decree of the High Court (November 11, 1914) affirming a judgment of McLeod J.

By an agreement dated October 18, 1913, the respondents agreed to sell property at Napean Sea Road in Bombay to the appellant for Rs.65,000. The agreement provided that the purchaser should pay Rs.5000 as deposit on the execution of the agreement and that the purchase should be completed within two months. Clause 5 was in the following terms "that the vendors shall deduce a marketable title, free from all reasonable doubts, to the said property, and shall at their own costs clear all defects in and complete the title, and shall soon after the execution of these presents deliver, or cause to be delivered to the purchaser, or his solicitors, all the deeds and documents relating to the said property for investigation of their title thereto." Clause 6 provided for requisitions in writing after the production of the deeds and documents, and that if the vendors should be unable or unwilling to meet or comply with any objection or requisition they should be at liberty to rescind the sale, and that in that case the vendor should return the deposit without interest but with co