Judgment.-Appellants in C.M.A. Nos. 656 and 657 of 1952 and C.M.A. No. 104 of 1953 are the plaintiffs who filed a suit for specific performance and obtained a decree.

Plaintiffs and 1st defendant are co-shares in some villages plaintiffs being entitled to 4/7 share and defendants to 3/7 shares. The suit was based on an agreement executed by the 1st defendant on 9th October, 1941, to convey the 3/7 share to the plaintiffs for Rs. 45,000. It is common ground that on that date the plaintffs were in enjoyment of the whole village under an agreement for enjoyment by rotation for a period proportionate to the respective shares.

Plaintiffs’ suit O.S. No. 93 of 1943 for specific performance of this agreement was decreed on 30th Decsmber, 1944, with a direction to the plaintiffs to deposit Rs. 45,000 by 10th January, 1945. This sum was deposited on 8th January, 1946, and has remained in Court deposit ever since earning no interest. An appeal filed by the first defendant, A.S. No. 295 of 1945 in the High Court was dismissed on 1st April, 1949 and leave to appeal to the Federal Court was also later dismissed. These villages were subsequently notified by Government under the Estates Abolition Ac

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