K.VEERASWAMI, RAGHAVAN
Rajabu Fathima Buhari – Appellant
Versus
S. V. Ramakrishna Mudaliar – Respondent
RAGHAVAN, J. :- The above two appeals are preferred by the first and second defendants against the decree in C.S. No. 43 of 1962. The question that arises for consideration in these appeals is whether there can be a contract of honour or what is familiarly known as a gentleman's agreement which is not enforceable in a court of law based on the judgment of the Court of Appeal in Rose and Frank Co. v. J. R. Cromp ton and Bros. Ltd., 1924 All ER (Reprint) 245.
2. The facts of the case lie in a narrow compass. The plaintiffs are father and son and the defendants are wife and husband. The first plaintiff, the father, is the owner of 3 items of properties described in Schedules A and B to the plaint which among others were bequeathed to him by his adoptive father late S. V. Ramaswami Mudaliar subject to other dispositions under his last will and testament dated 10-09-1937 which was duly probated. The A Schedule property consists of (1) House and ground bearing door No. 46 in Rattan Bazar Road and (2) House and ground bearing door Nos. 197 and 198 Mount Road, Madras and the B Schedule property is a bungalow and ground with the leasehold right therein measuring 51 grounds and 1132
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