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1959 Supreme(AP) 9

BHIMASANKARAM
V. Kameswararao – Appellant
Versus
M. Hemalathammarao – Respondent


BHIMASANKARAM, J.

( 1 ) THE 1st plaintiff and the legal representatives of the 2nd are the appellants. The suit was brought to enforce specific performance of an agreement dated 30-8-1949 executed by the 1st defendant for herself and also as the guardian of the defendants 2 and 3, defendants 2 and 3 being the son and daughter respectively of the 1st defendant who is the wife of Venkatadri Apparo not a party to the suit. The plaint states that although the agreement was taken in the name of the 1st plaintiff and the defendants 4 and 5, the second plaintiff and the 6th defendant also were interested in the agreement. The agreement was for the sale of 80 acres of land for a sum of Rs. 3,200. 00. It would appear that under a settlement deed executed in her favour by her husband, the 1st defendant became entitled to the properties for life with the remainder being vested in her children.

( 2 ) THE suit was resisted on several grounds but the one which seems to me decisive of the issue of this appeal is whether the agreement Ex. A-1 has been materially altered so as to disentitle the plaintiffs for enforcing any claim based upon it. In view of the fact that I find myself in agreement with



















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