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1975 Supreme(Mad) 259

K.VEERASWAMI, NATARAJAN
K. Appa Rao – Appellant
Versus
P. Balasubramania Gramani – Respondent


Judgement

K. VEERASWAMI, C. J.:- These are appeals by the legal representatives of the plaintiff under the Letters Patent. The plaintiff or his legal representatives as the case may be, had failed in all the Courts below to get specific performance of the three agreements, all executed on 28-10-1957, to sell certain shares, which the executants of the agreements had in certain joint family properties. The three agreements put together had undertaken an obligation to convey to the plaintiff a total of 3/5 share in those properties. At the time the agreements were entered into, O. S. No. 150 of 1952, which was a suit for partition by two of the coparceners, was pending, and in fact, a preliminary decree had been passed in 1954. Defendants 3 to 7 forming one unit, defendants 8 and 9 forming another unit and defendant 10 in that suit for partition, who held each 1/5 share, were the executants. On 18-4-1958, the plaintiff sought to get himself impleaded as a party defendant in the partition suit but without success. The suit for partition eventually ended in a compromise decree dated 1-5-1958, the effect of which was that whatever share the executants of the agreements had agreed to conv













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