RAJAGOPALAN, RAMACHANDRA.IYER
Varadarajulu Iyer – Appellant
Versus
Arumugha Goundan – Respondent
This is an appeal under clause 15 of the Letters Patent against the decree and judgment of Krishnaswami Nayudu, J., in S.A. No. 1087 of 1953.
The suit, to which the appeal relates, was one for specific performance of an agreement of sale executed by the appellant in favour of respondents 1 and 2. Since the filing of the appeal, the first respondent died, and respondents 2 to 4 are on record representing her interest. The properties originally belonged to the first respondent, and she along with her husband and children, executed a deed of sale in favour of one Kuppuswami. A few months after the sale, on 11th November, 1943, Kuppuswami conveyed the properties to the appellant. On 15th November, 1943, the appellant granted a lease of the properties to respondents 1 and 2 for a period of 5 years on a yearly rent of Rs. 270 — the lease imposed certain conditions as to the regular payment of rent and forfeiture of the rights under the lease in default thereof. Two weeks after the grant of the lease, there was an agreement, Exhibit A-1, entered into between the parties under which the appellant agreed to sell to respondents 1 and 2 the properties for a consideration o
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