Burn, J.

1. This is an appeal from the decision of the Principal Judge of the City Civil Court in O.S. No. 774 of 1935. The plaintiffs are the two sons of one Chinna Ramiah Chetty who was the owner of a house in Selvavihayakaf Koil Street, Madras City. He sold this house on the 30th of August, 1911, to the defendant S.P. Perumal Chettiar. The purchase price was fixed at Rs. 2,600 and out of this sum, Rs. 800 was left with the vendee on condition that he should keep it until Kondal Chetty, a minor illegitimate son of the vendor, should attain his majority. The defendant undertook at the same time to pay interest at the rate of 14 annas per cent, per mensem on the amount of Rs. 800. Chinna Ramiah Chetty, the vendor, died in 1920 and his illegitimate son Kondal Chetty is said to have disappeared shortly afterwards. In 1930 the plaintiffs who are the legitimate sons of Chinna Ramiah Chetty demanded payment of the Rs. 800 to them with interest at the rate of 10i per cent, per annum from June, 1920, when their father was said to have died. The defendant repudiated liability and the plaintiffs filed this suit in forma pauperis on the 11th of July, 1905.

2. The learned judge of the C