( 1 ) THIS is an appeal by the defendants in a suit for specific performance of a contract for reconveyance.

( 2 ) THE facts now no longer in dispute are that Purushottamdas owned a house (No. 443 old No. 88) in Miloniguni, Jabalpur. He sold this house for a sum of Rs. Equivalent Citation: 10,000/- on December 2, 1963, to Bajranglal. An agreement for reconveyance of the house on payment of Rs. 10,000/-within two years was executed by bajranglal in favour of Purushottamdas. The agreement bears the date December 3, 1963, but the finding of the trial Court, which has not been challenged before us, is that it was executed on December 2, 1963 and the sale and agreement constituted one transaction. Possession of the house was not delivered to bajranglal and Purushottamdas continued to be in possession. He, however, executed a rent-note agreeing to pay rent at the rate of Rs. 120/-per month. Previously, the same house was mortgaged on December 7. 1960, in favour of firm Fatehchand Shrinivas for a sum of Rs. 1,500/ -. The mortgage was in the nature of a mortgage by conditional sale, Bajranglal happens to be the managing partner of the Firm Fatehchand Shrinivas. ( 3 ) THE suit giv