Judgments: Kania, C.J.-I have read the judgment prepared by Patanjalt Sastri, J. and agree with its line of reasoning and conclusion.

Fazl Ali, J.-I concur in the judgment prepared by Patanjali Sastri, J.

Patanjali Sastri, J.-This is an appeal from a judgment and decree of the High Court of Judicature at Madras reversing a decree for specific performance and delivery of possession passed by the Court of the Subordinate Judge at Madura.

The appellants were originally owners of the properties in question which together with other properties they had mortgaged to the respondents family in 1921 and 1929. In January, 1937, the account in respect of the said mortgages was settled and, a sum of Rs. 31,300 having been found to be due to the mortgagee, the properties in suit were sold on 7th January, 1937, to the then manager of the family, Balasubramania Ayyar, in full discharge of the debts. Two days later, on 9th January, 1937, two further documents were brought into existence between the parties. One of them was a lease-deed executed by Balasubramania as lessor and the first appellant (hereinafter referred to as “the appellant”) as lessee on behalf of their respective families. The documen

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