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1952 Supreme(Mad) 2

BASHEER AHMED SAYEED
Sanga Thevar – Appellant
Versus
Thanukodi Ammal – Respondent


Advocates:
Appeal against the order of the Court of the Subordinate Judge, Dindigul, dated 26th March, 1948, in A.S. No. 100 of 1948, preferred against the decree of the Court of the District Munsif, Periyakulam, in O.S. No. 295 of 1947, dated 10th July, 1948.
K.V. Srinivasa Ayyax for Appellant.
T.V. Gopalakrishnan for Respondent.

Judgment-

The second defendant in the suit is the appellant before me The respondent filed the suit in the District Munsif’s Court for enforcing a contract. for sale of a house by the first defendant. The suit was for specific perfomance and the contract was an oral one; but subsequent to that oral contract, there was a sale deed executed but was not registered, owing to certain machinations, which are alleged against the appellant. The learned District Munsif dismissed the suit on the ground that the contract alleged, on the basis of which specific performance was claimed, was not true and was not proved. A further question also arose in the suit as to whether this appellant, who was the second defendant in the lower Court and who had purchased the property from the first defendant, had notice of the contract between the plaintiff and the first defendant and whether he was entitled to retain the property purchased by him. On this, the learned District Munsif gave a finding against the plaintiff. The plaintiff, thereupon, preferred an appeal before the learned Subordinate Judge, who held that there was a valid contract between the first defendant and the plaintiff in respect of the









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