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1963 Supreme(Mad) 238

ANANTANARAYANAN, RAMAKRISHNAN
Sellappa Chetty – Appellant
Versus
Marappa Goundar – Respondent


Advocates:
S. Raj Gopalan, P.R. Gokulkrishnan, S. Jayakumar, and K. Thayanayagam, for Appellants; S. Ramalingam and P.S. Srisailam, for Respondent.

Judgement

RAMAKRISHNAN, J. :- Defendants 1 to 3 have filed this appeal against the judgment and decree of the learned Subordinate Judge, Erode, in O. S. 24 of 1956. The plaintiffs filed the suit for specific performance of a contract of sale. The plaint allegations were briefly as follows.

Defendants 1 to 3, who formed an undivided Hindu family, owned the suit properties. The first defendant was the manager. Defendants 1 to 3, the first defendant acting on behalf of his minor sons, sold them to one Arumugham Chettiar for Rs. 5000 on 15-07-1948. Simultaneously, Arumugham Chettiar executed an agreement of reconveyance of the properties to the defendants 1 to 3 for a consideration of Rs. 5000 and also subject to the condition that the sale price should be paid in any Chitrai month within ten years of the date of the agreement. On 11-07-1949, defendants 1 to 3 assigned their rights under this agreement to the plaintiffs for a consideration of Rs. 14,912-8-0. There were specific directions in this agreement regarding the manner and the, time of the payment of this item of consideration with liabilities inter se provided in case of default of the payment n the manner stipulated in this agr



















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