Lord Thankerton.: -

This is an appeal from a decree of the High Court of Judicature at Rangoon, dated 8th March 1938, which varied a decree of the District Court at Thaton, dated 27th September 1937. By a registered sale deed dated 4th December 1928, the appellant firm purchased from the first respondent firm certain lands, of which respondents 2 and 3 are in possession, and in the present suit the appellant firm sues for possession. The only question in the appeal is whether respondents 2 and 3 have a charge upon the lands which is valid as against the appellant firm. On this point the only case made by respondents 2 and 3 in their pleadings and the only case that was tried by the District Judge was as follows: - that they agreed in March and April 1924, to buy the lands in suit from respondent 1 but that they found that the land in Kyagale Kwin was inferior to the lands in Ngotto Twin, and that, on their protest and after negotiation, it was agreed between them and respondent 1 on 30th May 1924, that the sale contract should be cancelled, and that they should remain in possession of the lands until repayment of the sum of Rs.16,100 already paid by them towards the purchase price p