1914 Present: Lascelles C. J, and De Sampayo A. J.

APPUHAMY et al. v. SILVA

420-D. C. Chilaw, 4, 699.

Agreement to re-convey land-Penalty in case of default-Action for specific performance-Refusal to abide by the terms of the agreement-Is formal tender of price necessary ?

An agreement between the plaintiffs and defendant was in these terms: " On the said Appuhamy and Yohanna (plaintiffs) of the second part tendering to me the sum of Rs. 1, 715 and demanding a transfer of the lands, I (defendant) shall convey the same to them Should I of the first part be unwilling or neglect to transfer the said lands on their demanding a transfer and tendering the said sum of Rs. 1, 715 within two years from the expiry of the said period, a sum of Rs. 450 shall be paid by me as a penalty to the second party, and if we of the second part fail to get a transfer within the said period by paying the said sum of Rs. 1, 715 we shall not be allowed to demand a transfer of the said property after the said period, and we shall not so demand. "

Held, that plaintiffs were entitled to enforce specific performance of the agreement on tender of the money within the s