JUDGMENT - (1) This is an appeal from the judgment of Mr. Justice K. K. Desai in suit No. 277 of 1954.

(2) The relevant facts are as follows: The defendants Nos. 1 to 4 had agreed under a deed dated 21st February 1949 to sell to the plaintiff, who is the appellant before us, certain property situate in the city of Bombay for a sum of Rs. 2,80,000/-. Under the agreement the plaintiff paid to the defendants Nos. 1 to 4 a sum or Rs. 15,000/- as earnest money. The defendants had agreed to make out a marketable title free from all claims and demands. The plaintiff thereafter through his attorneys repeatedly called upon the defendants Nos 1 to 4 to make out a marketable title to the property but the defendants failed to make out such a title. Ultimately, the plaintiff by his attorneys letter dated 21st August 1951 put an end to the agreement for sale and called upon the defendants Nos 1 to 4 to return the earnest money of Rs. 15,000/- with interest thereon at 9 per cent per annum from 21st February 1949 and a further sum of Rs. 3,500/- being the estimated cost and the expenses incurred by him in the meanwhile. Eventually the plaintiff instituted the suit of which his appeal arises.

(3) In

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