K HUTCHI GOWDER Vs. H BHEEMA GOWDER

JUDGEMENT

(1.) The plaintiff appeals from the judgment of the learned Subordinate Judge, Ootacamund, dated 31-12-1954 in O. S. No. 226 of 1952 on his file. The plaintiff prayed for a decree directing the defendant to execute and register a deed of release or, in the alternative, an instrument of conveyance, in respect of the defendant's undivided 1/6th share in the property known, as Wakefield Estate, Nilgiris. The Subordinate Judge dismissed the plaintiff's suit. Hence the appeal.

(2.) On 13-9-1946 the plaintiff, defendant and four others entered into the agreement Ex. A. 1. The document states that each of those six persons owned an undivided 1/6th share in the Wakefield estate. The defendant and the four others agreed under that document to sell each his undivided 1/6th share in the estate to the plaintiff in consideration of his paying to each of them Rs. 10,000/-. Rs. 1,000 was paid on the date of the agreement. Paragraph 13 of the agreement states.

(3.) The plaintiff alleged in the plaint that in July 1949 he and the vendors (defendant and the four others) agreed that, in the place of a deed of conveyance, each of the vendors would execute a deed of release, and that, in pursuance of that oral agreement, three of the other vendors had executed release deeds and had had them duly registered and that the fourth vendor being dead his legal representatives had agreed to execute and get registered a deed of release. In regard to the defendant, the plaintiff alleged that he had executed a release deed Ex. A. 2 in favour of the plaintiff on 30-10-1949. The release was, however, not registered. The plaintiff alleged that the defendant had failed to register the release deed executed by him and contended,