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1965 Supreme(Mad) 76

VEERASWAMI, KUNHAMED KUTTI
K. M. Jaina Beevi – Appellant
Versus
M. K. Govindaswami – Respondent


Advocates:
K. Rajah Iyer, M. Ranganatha Sastri and S. Bhaskaran, for Appellants; C. P. Venugopal and R. Mathrubutham, for Respondent.

Judgement

VEERASWAMI, J. :- Appeal 26 of 1964 : This appeal by the defendants turns on enforceability against the third defendant, a Muslim, minor, of an agreement which he had entered into on 12-2-1961 with the respondent to lease out premises No. 34 General Patters Road, Madras after reconstruction and put him back in possession thereof. The premises were purchased in the name of the minor in 1954. The respondent continued to be a tenant of a major portion of the premises even after the purchase. In November 1960, on behalf of the minor a notice to quit the premises was served on the respondent on the ground that the existing structure had to be pulled down and a new building raised with ground and first floors and that a plan of the proposed construction had already been sanctioned by the Corporation. The respondent replied on 22-11-1960 stating that there had been an oral discussion on the matter between him and the minor's father, the second defendant, and that it was agreed that the respondent might temporarily vacate the portion of the building under his occupation for the purpose of reconstruction and that when the reconstruction was over, he should he allowed to occupy the


















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