The Officiating Chief Justice.-

The plaintiff is the appellant. He and his deceased brother, one Ramaswami Mudali, and the latter as the guardian of his minor son the third defendant, sold the suit properties to the second defendant on 9th January, 1920, by registered sale deed Ex. D. 1, for a sum of Rs. 300. On the same day, the second defendant and his wife, the first defendant, executed in favour of the vendors an agreement, Ex. P-1, agreeing to reconvey the properties on the vendors paying on any day the principal of Rs. 300, the sale price, and interest accrued on it at the rate of Re. 1 per Rs. 100 per mensem. Ramaswami Mudali died, and defendants 3 and 4 are his sons and the fifth defendant is his widow. The plaintiff instituted the suit out of which this appeal arises in the Court of the District Munsiff of Arni on 4th September, 1942, claiming one of two alternative reliefs. His first claim was on the basis that the sale deed and the agreement to reconvey formed part of the same transaction, and together amounted in law to a mortgage by conditional sale. On this footing, he claimed redemption. In the alternative, he claimed specific performance of the agreement to reconvey

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