R.B.MISRA, D.A.DESAI, A.D.KOSHAL
Valiammal Rangarao Ramachar – Appellant
Versus
Muthukumaraswamy Counder – Respondent
( 1 ) THESE two appeals arise out of a suit filed by the 1st respondent in each appeal for specific performance of a contract dated 17/06/1956 entered into in his favour by original defendant I for sale of properties described In Schedules a and b. The present appellant Valiammal was defendant 2 and she claimed that the original defendant I, now described as the vendor, had entered into a contract Ex. A-l on 2/05/1956 for sale of the property mentioned in Schedule b. The trial court dismissed the suit of the plaintiff. In the appeal preferred by the plaintiff to the high court, the judgment and decree of the trial court was reversed and a decree for specific performance was granted. Present two appeals are filed by a consolidated certificate under Article 133 (l) (a) and (a) of the Constitution of India (as these stood at the relevant time ). One appeal is by the original defendant 2 and another appeal is by the original defendant I, the vendor.
( 2 ) THE contentions raised in both these appeals related merely to questions of fact depending upon the appreciation of oral and documentary evidence.
( 3 ) MR. Natesan, learned counsel for the original defendant 2 Valiammal urged that th
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