KAKULAM SUBRAHMANYAM Vs. KURRA SUBBA RAO

JUDGEMENT

(1.) THIS is an appeal from a judgment of the High Court of Judicature at Madras dated November 22, 1943, affirming the judgment of the District Judge of Guntur dated April 20, 1942, who had allowed the respondent's appeal from the judgment of the Subordinate Judge of Bapatla dated July 31, 1939.

(2.) LEAVE to appeal to His Majesty in Council was given by the High Court of Judicature at Madras on the ground that the case involved a substantial question of law as to the true construction of Section 53a of the Transfer of Property Act.

(3.) PRIOR to his death the respondent's father had incurred certain debts, including ft debt of Its. 16,000 owing to the appellants and secured by two promissory notes and a debt of Rs. 1,200 owing to one Ramayya and secured by a mortgage. By an agreement in writing dated November 29, 1935, the respondent "being minor by guardian and mother Manikyamma," to quote the words of the agreement, agreed to sell the lands in suit to the appellants for Rs. 17,200. The purchase price was to be applied as to Rs. 16,000 in discharging the promissory notes and as to Rs. 1,200 in discharging the mortgage debt owing to Ramayya. The contract provided that a sale-deed was to be executed, registered and delivered to the appellants, at their expense and upon their request.