Varadachariar, J.

1. This appeal arises out of a suit for specific performance, instituted by a vendor and his son. The son who is the second plaintiff may be ignored for the purpose of this appeal and the vendor referred to as the plaintiff. The contract, evidenced by Ex. I, was entered into on 26th January, 1930. The plaintiff thereby agreed to sell 7 acres 74 cents of land to the defendant for a sum of about Rs. 9,000. He received Rs. 100 by way of advance and it was agreed that the balance should be paid within one month and the transaction completed. As the sale-price was mainly intended to be utilised by the vendor in discharge of his debts, it was agreed that such balance as might remain after the debts had been discharged should be paid before the Sub-Registrar at the time of the registration of the sale-deed. As a lease of the land was then outstanding, Ex. I finally provided that possession should be delivered to the vendee on the expiry of the term of that lease. For almost a year after the date of Ex. I, the sale was not completed, and in January, 1931, notices (Exs. A and B) passed between the parties wherein each accused the other of default in carrying out the