Judgement

Appeal (No. 22 of 1919) from a judgment and decree of the High Court (January 14, 1916) reversing a decree of the Subordinate Judge of North Arcot.

The suit was instituted on August 24, 1900, by the Court of Wards on behalf of the first respondent (a minor) to obtain possession of five villages in circumstances stated in the judgment of the Judicial Committee. The plaint alleged that the villages had been sold in 1883 under a decree against the plaintiffs father, and had been purchased by the first defendant as agent for, and at the request of, the plaintiffs father, and that by an agreement in writing made on August 25, 1888, the first defendant had agreed to convey them to the plaintiff upon Rs.99,568, the sum then found to be due, being paid or secured by mortgage. The plaintiff claimed a declaration of title, and possession upon payment of, or execution of a mortgage for, such sum as should be found due on taking accounts. The other defendants were mortgagees under mortgages executed by the first defendant; the plaintiff was willing that provision should be made for their discharge if they were valid, which he denied. The defendants denied that the first defendant was