JUDGEMENT :- The plaintiff in O. S. 767 of 1967 on the file of the court of the District Munsif, Kancheepuram, who lost before the courts below, is the appellant herein. The facts are not in controversy. The respondent herein entered into an agreement with one Namperumal Naidu under Ex. B-1 dated 4-9-1958 for purchase of the suit property; Namperumal Naidu having failed to execute the sale deed, the respondent instituted O. S. 41 of 1959, on the file of the court of the District Munsif, Poonamallee, against the said Namperumal Naidu for specific performance of Ex. B-1 agreement. The said suit was dismissed by the learned District Munsif, as evidenced by Ex. A-6, dated 25-3-1960, being a certified copy of the decree therein. The respondent took up the matter in appeal to the learned District Judge, Chingleput and the learned District Judge by his judgement and decree dated 8-12-1960, reversed the conclusion of the learned District Munsif and decreed the suit for specific performance instituted by the respondent. Ex. A-9 is a certified copy of the decree, while Ex. B-2 is a certified copy of the judgement. The matter was taken up further in appeal to this court by the judgement-debto

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