1955 Supreme(Mad) 232
GOVINDA MENON, BASHEER AHMED SAYEED, RAMASWAMI GOUNDER
N. B. Sitarama Rao – Appellant
Versus
Venkatarama Reddiar – Respondent
Advocates:
T.M. Krishnaswamy Ayyar, R. Viswanathan and T.S. Venkatarama Aiyar for Appellant.
K. Narasimha Aiyar, V.C. Veeraraghavan, S. Thiyagaraja Ayyar, T.R. Sundaram and K.S. Champakesa Aiyangar for Respondents.
Subba Rao, J.-This is an appeal against the decree and judgment of the Court of the Subordinate Judge of Chingleput in O.S. No. 39 of 1947, a suit filed by respondents 1 to 5 (Plaintiffs) for specific performance of an agreement, dated 29th November, 1933, to reconvey the suit property which is a village. Defendants 1 and 2 are brothers, and they are sons of Bheemasena Rao by the second wife. Bheemasena Rao and the said defendants along with others constituted members of a joint Hindu family. On 29th November, 1933, defendants 3, 4, 6, 7 and the father of the 8th defendant who together may, for convenience, be called “the Naidus” sold the suit village to defendants 1 and 2 for a sum of Rs. 32,000. In that sale-deed, the 1st defendant acted as the guardian of his brother who was then a minor. On the same date an agreement was executed by defendants 1 and 2 in favour of the vendors agreeing to reconvey the property purchased under the sale-deed, after the Second defendant attained majority, if the sum of Rs. 32,000 and any amount that the vendees might have spent to improve the said village, was paid and if they complied with certain conditions laid down. On 17th February, 1943, the
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