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1971 Supreme(Mad) 38

RAMANUJAM
S. Gopalaratnam – Appellant
Versus
Authorised Officer, Thanjavur – Respondent


Advocates:
V.K. Thiruvenkatachari for P.M. Venugopalan, A. Sathar Sayeed and A. Ramanathan, for Petitioners; C. Krishnan for Asst. Govt. Pleader, for Respondent.

Judgement

ORDER :- This revision has been preferred against the order of the Land Tribunal in C. M. A. 50 of 1965 which was disposed of by its common judgment dated 27-9-1965. The petitioner herein is a purchaser of certain lands of an extent of 11.52 acres from one Gopalaratnam who is an executor appointed under the Will of his mother, Janaki Ammal dated 1-11-1959, by a sale deed dated 5-10-1961. Though the above lands had been bequeathed to one Lalithammal, under the said Will, the testator the said Janaki Ammal had, even during her lifetime,

entered into an agreement to sell the lands to the petitioner herein. But before completing the sales as per the said agreement, she died. After her death the executor appointed under her will executed the sale deed in favour of the petitioner on 5-10-1961 as per the agreement of sale entered into by the deceased testator even during her lifetime. The said sale was held to be void under Section 22 of Madras Act 58 of 1961 by the Authorised Officer as defeating the provisions of the Act. The Land Tribunal also upheld the said order of the Authorised Officer.

2. In this revision, Mr. V. K. Thiruvenkatachari, learned counsel for the petitioner, c









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