Gentle, J.

1. Prior to the year 1931 the defendant was the owner of a piece of land in Madras which was known as the Koyyatope garden. It was about 4 3/4 cawnies in extent that is to say, about 114 grounds. Plaintiff 2, who throughout in matters referable to this suit has acted on behalf of himself and on behalf of plaintiff 1, knew of this land, and I am Satisfied was well conversant with every detail of it. In the year 1931 some 14 3/4 grounds or thereabouts were sold by the defendant of which 6 grounds were purchased by plaintiff 2 alone by a sale deed of 29th October 1931. In the early part of 1932 the defendant was anxious to raise money upon the balance of the Koyyatope garden either by selling it or by raising money upon mortgage in respect of it and plaintiff 2 was offering to the defendant his assistance to try to further the defendants objects in regard to this land. He was asked in cross-examination whether he was helping the defendant to sell the land, he stoutly denied it but admitted that a letter dated 15th April 1932, Ex. 2, was his letter and from that it is quite clear that he was doing what I have already indicated in my view he was, and this letter shows