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1974 Supreme(Mad) 29

K.VEERASWAMI, A.VARADARAJAN
S. P. Munuswamy Gounder and others – Appellant
Versus
Erusa Gounder alias S. P. C Dorai – Respondent


Advocates:
R. Shanmugham, for Appellants.
R. Surdaralingam, for Respondent.

Veeraswami, C. J.- The defendants appeal under the Letters Patent from a judgment of Venkatadri, J., who reversed the judgment of the first appellate Court and restored the decree of the trial Court. There is no dispute that the suit properties belong to the first defendant on the basis of a purchase made by him on 31st January 1935. He entered into a contract with one Lakshmi Ammal as the guardian of the present plaintiff and Krishnaswami who were minors, for sale of the properties to them for a consideration of Rs. 5oo within two years. The suit was instituted for declaration of title and for an injunction from interference. This was on the basis that Laskhmi Ammal and the minors were put in possession of the properties in part performance of the agreement to sell the properties. Defendants 2 and 4 who were among the appellants, had obtained a sale from the first defendant and attempted to trespass. That was the case of the plaintiff. The trial Court found that there was an agreement of sale and the plaintiff had been put in possession, and, on that basis, it granted the prayers asked for in the plaint. The first appellate Court proceeded upon the view that section 53-A of the Tr













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