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1976 Supreme(Mad) 61

RAMAPRASADA RAO, RATNAVEL PANDIAN
Manickathammal – Appellant
Versus
Nallasami Pillai – Respondent


Judgement

RAMAPRASADA RAO, J. :- The second to the fourth defendants in O. S. No. 246 of 1967 on the file of the Subordinate Judge, Tiruchirapalli, are the appellants. One Veerappa Pillai, whose brother's son is the plaintiff filed a suit for specific performance on the basis of an agreement of sale markad as Ex. A-1 in this case. The plaintiff's case is that during 1943 to 1956 in consideration of the confidence, affection and regard which he had to his uncle, Veerappa Pillai, he deposited with him various sums of money to the tune of Rs. 25,000/-. In fact, such deposits were made from his savings while he was exercising a calling of his own or a profession of his own and it was at the instance and persuasion of Veerappa Pillai that these deposits were made during the aforesaid years. The plaintiff claims that between 1943 and 1946 he was a bus conductor and a checking inspector and was saving considerable sums from his salary; during 1950 and 1953, he was a sugarcane contractor supplying sugarcane to mills and earning large profits; and during 1954 to 1956, he was running a provision shop at Panjappatti and earned considerable amounts thereon. His further case is that at the behes



















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