Whether a provision in a sale deed that in the event of failure to construct a private college in the property sold thereunder, the property shall be reconveyed by the vendee to the vendor for the same sale consideration is barred under the provisions of Sections 10 or 11 of Transfer of Property Act? This is the question to be decided in the appeal.

2. Plaint schedule property having an extent of 1.12 acres in Sy.No.1871 of Kulathummal village originally belonged to Parameswaran Pilla, the original plaintiff. Appellants are his legal heirs. It was sold to respondent C.S.I.Dakshina Kerala Maha Idavaka for the purpose of construction of a private college under Ext.A2 sale deed on 17/3/1965 for a consideration of Rs.11,200/-. There is a clause in Ext.A2 that if by any reason a college could not be constructed, respondent vendee shall reconvey the property for the same consideration to the plaintiff assignor. Contending that no college was constructed and as provided under Ext.A2 plaintiff is entitled to get the property reconveyed by respondent and respondent is attempting to dispose the property to third parties, O.S.237 of 1984 was filed before Munsiff court, Nedumangad s