UTHANDI MUDALI Vs. RAGHAVACHARI

JUDGEMENT

(1.) We think this decree cannot be supported. The defendants Nos. 2 to 4 sold certain property to the 1 defendant under Exhibit IX in November 1895.

(2.) In January 1896, the first defendant executed to the second defendant alone Exhibit B which is called a yethiridai deed, whereby after reciting that the second defendant and his younger brothers had on the 27 November 1895 conveyed to him the lands in question for Rs. 350, he agreed to resell them to the second defendant if on the 29 January 1901 - "without obtaining from others and by your own earnings" - he paid the sum of Rs. 350.

(3.) The second defendant on the 29 June 1898 conveyed under Exhibit A his rights to the plaintiff, and the plaintiff now sues to recover the land by paying off the amount payable and Exhibit B to the first defendant.