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1956 Supreme(AP) 33

VISWANATHA SASTRY
S. RAMALINGAM PILLAI – Appellant
Versus
G. R. JADAMMAL ALIAS JAGADAMBAL – Respondent


VISWANATHA SASTRY, J.

( 1 ) THE plaintiff is the appellant. The facts are not in dispute. The defendant agreed to sell her land to the plaintiff on or before 10-11-1943 for rs. 1,750/-under a contract dated 11-10-1943. Default having been made by the defendant, the plaintiff filed a suit on 24-11-1943 for specific performance of the contract which was decreed by the trial court on 14-12-1945 but dismissed on appeal and again decreed on second Appeal by the High Court on 23-2-1950. On 14-8-1950 the court executed a sale deed in favour of -the plaintiff and he obtained possession on 20-10-1950. The present suit was filed on 8-12-1950 for the profits of the land from 11-10-1943 till 20-10-1950.

( 2 ) THE courts below have dismissed the suit as barred by limitation. Viewed as a claim for mesne profits, the plaintiff s suit must fail. The plaintiff was not entitled to the possession of the property or the profits there of on the execution of the contract of sale and it was only on the execution of the sale deed that the title to the property and the right to possession vested in him. In view of Sec. 54 of the Transfer of Property Act there is no room for the contention that the purchaser



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