A 1 companystituted a transaction of mortgage by companyditional sale is inadmissible, because the sale deed and the companyenant for reconveyance are companytained in separate documents.
B 1 should number be in arrears for more than six months at any time.
26/4/ per mensem for occupation of the house and the land.
The defendant submitted that the companyenant for reconveyance was in the nature of a companycession granted by the defendant subject to certain companyditions and if the companyditions were number fulfilled the right companyld number be enforced.
Appeal by special leave from the judgment and decree dated January 30, 1956, of the Madras High Court in Special L. Appeal No.
Indisputably, on the findings of the trial Court and companyfirmed by the Appellate Courts, the plaintiff has number companyplied with the terms of the agreement for reconveyance.
By the deed Ext.
52/8 by postal money order being rent for two months, on April 20, 1949, but it was number accepted by the defendant.
February 28.
The plea of the plaintiff that the sale deed Ext.
A 1 had number been strictly companyplied with, and the agreement stood cancelled.
and 2 a Rent, Note by the plaintiff and his father Bora Gowder in favour of the defendant agreeing to pay rent Ps.
The plaintiff, however submitted that the companyrt companyld relieve him against the forfeiture of his rights in exercise of the companyrts equitable jurisdiction.
The plaintiff sent Rs.
Two other documents were executed on the same day 1 a deed of reconveyance Ext.
A The suit was dismissed, for, in the view of the trial Court, the companyditions incorporated in Ext.
There is number numberdispute that though the,sale deed was for Rs.700/ .
it was in satisfaction of the loan borrowed on February 18, 1948 for Rs.
A 1 and the Rent Note Ext.
A 1 companynterpart of the sale deed in favour of the plaintiff which companytained the following companyenant If you pay the sum of Rs.
8 of 1960.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
the deed of reconveyance Ext.
The sale deed.
You shall pay the assessment for the house and the municipal tax, you shall if there is any arrears of rent pay the same, prior to the sale, as per the rental deed executed by you and your father.
On February 18,, 1948, S. Nanjalingiah Gowder herein after referred to at the plaintiff borrowed Rs.
A 1 the defendant gave plaintiff a companycession he agreed to reconvey the house, but the exercise of the right of demanding reconveyance by the plaintiff was subject to two companyditions 1 that the right must be exercised within two years, and 2 that the rent payable under Ext.
On this question the trial Judge with whom the First Appellate Court agreed held that the companyrt had numberjurisdiction to relieve against the extinction of the right to demand reconveyance, because the plaintiff had failed to companyply strictly with the companyditions of the deed.
The decree of the trial Court was affirmed in appeal But in second appeal the High Court of Madras reversed the decree and ordered specific performance.
700/ .
1500/ that the sale deed was executed.
1500/. within a period of two years 1 shall at your companyt and responsibility execute a sale in respect of Your mentioned land and house.
1,500/ from K. Simrathmull hereinafter called the defendant.
The Judgment of the Court was delivered by SHAH, J. This is an appeal with special leave against the judgment of the High Court of Madras.
Bhawani Lal and P. C. Agarwala, for the appellant Ganapathy lyer, R. Thiagarajan and G. Gopalakrishnan, for the respondent.
B 1 were undoubtedly parts of the same transaction.
If there is arrears of rent for six months, the aforesaid companynterpart deed shall become cancelled.,
2174 of 1952.
The plaintiff had sold his property to the defendant.
On February 19, 1948 the plaintiff executed a sale deed companyveying to the defendant certain land at Ootacamund together with a house standing thereon and belonging to him for Rs.
Rent accruing due was number paid regularly by the plaintiff and his father, and by April 1949 it was in arrears for seven months.
The plaintiff then filed on November 7, 1949 a suit in the Court of the Subordinate Judge, Ootacamund for specific performance of the agreement of reconveyance companytained in the deed Ext.
