The plaintiff appeals from the judgment of the learned Subordinate Judge, Ottacamund, dated 31st December, 1954, in O.S. No. 226 of 1952, on his file. The plaintiff prayed for a decree directing the defendant to execute and register a deed of release or, in the alternative, an instrument of conveyance in respect of the defendant’s undivided 1/6th share in the property known as Wakefield Estate, Nilgiris. The Subordinate Judge dismissed the plaintiff’s suit. Hence the appeal.

On 13th September, 1946, the plaintiff-defendant and four others entered into the agreement Exhibit A-1. The document states that each of those six persons owned an undivided 1/6th share in the Wakefield Estate. The defendant and the four others agreed under that document to sell each his undivided 1/6th share in the estate to the plaintiff in consideration of his paying to each of them Rs. 10,000. Rs. 1,000 was paid on the date of the agreement. Paragraph 3 of the agreement states:

"The purchaser will pay the balance of the purchase money, viz., Rs. Nine Thousand only to each of the vendors on or before the 10th day of October, 1946 and on payment of the balance of the purchase money, each of t