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1974 Supreme(Mad) 28

K.VEERASWAMI, VARADARAJAN
S. F. Munuswami Gounder – Appellant
Versus
Erusa Gounder – Respondent


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

Judgement

VEERASWAMI, C.J. :- (24-10-72). 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 31-1-1935. He entered into a contract with one Lakshmiammal as the guardian of the present plaintiff and Krishnaswami who were minors, for sale of the properties to them for a consideration of Rs. 500 within two years. The suit was for declaration of title and for an injunction from interference. This was on the basis that Lakshmiammal 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 1st 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 Trans










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