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1972 Supreme(Mad) 758

RAMAMURTI
Subramani – Appellant
Versus
Kannappa Reddiar – Respondent


Advocates:
D. Rangaswami Aiyangar and R. Krishnamachari, for Appellant; A. K. Shanmughasundaram and K. Ramachandran, for Respondents.

JUDGMENT :- The fourth defendant is the appellant in the Second appeal which arises out of a suit filed by the plaintiff seeking specific performance of an agreement of sale of the suit properties. The first defendant is the husband of the second defendant and the minor third defendant is the step-sister of the second defendant. Defendants 1 to 3 entered into an agreement with the plaintiff to sell the share of the second defendant as well as share of the third defendant to the plaintiff for a sum of Rs. 4,000/-. An advance of Rs. 500/-was received. A period of four months was fixed for completion. In executing the agreement the first defendant acted as guardian for his sister-in-law, the minor third defendant. When the plaintiff pressed the defendants to complete the transaction, the second defendant repudiated the agreement itself while on behalf of the third defendant, the objection was raised that the first defendant had no authority to represent her. On 17-10-1964, the second defendant sold to the fourth defendant her share in the properties covered by the agreement. On the same day, the guardian of the third defendant sold the third defendant's share to defendants 5 and 6 and











































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