Patanjali Sastri, J.

1. This appeal arises out of a suit brought by the respondent for specific performance of a contract to sell certain lands or in the alternative for enforcement of a mortgage dated 18th July, 1927, for Rs. 1,500 payable with" compound interest at twelve per cent. per annum. The respondents case was that the manager of the appellants family one Ammiraju being otherwise unable to pay the mortgage debt entered into, an oral contract on 18th July, 1934, to sell the lands in question which formed part of the security in full discharge of the mortgage debt which by that time had swelled to Rs. 3,400. As the lands had been leased to a third party who had grown crops thereon, it was agreed that they should be delivered to the respondent as soon as the crops were harvested, and that the rent payable in respect of the lands should in the meanwhile be collected by Ammiraju and paid to the respondent. The respondent alleged that possession was accordingly delivered in 1935 and that since then he had remained in possession of the lands leasing them out and otherwise enjoying them as absolute owner. Though Ammiraju agreed to execute a sale deed whenever demanded, he a