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1951 Supreme(Mad) 23

BALAKRISHNA AYYAR
Parvathathammal – Appellant
Versus
Sivasankara Bhattar – Respondent


Advocates:
S. Ramachandra Aiyar for Appellant.
T.M. Ramaswami Aiyar for Respondents.

Judgment.-

The third defendant, a woman is the appellant. The property in suit at one time belonged to the first defendant. On 14th October, 1926, he executed a usufructuary mortgage over it in favour of the plaintiff for a sum of Rs.1,250. Some sixteen years later, that is to say, on 29th September, 1942, the first defendant purported to sell the property to his daughter, the second defendant, for a sum of Rs.1,500. On 29th September, 1943, defendants 1 and 2 entered into an oral agreement to sell the property to the plaintiff for a sum of Rs.2,050, out of which Rs.1,250 was to be adjusted towards the usufructuary mortgage which the plaintiff held. There were certain execution proceedings in connection with this property which are not of present interest. On 3rd May, 1945, the first defendant sold the property to the third defendant for a sum of Rs.2,000. The very next day the plaintiff’s advocate sent a telegram to the third defendant informing her that she had made her purchase with notice of the contract of sale in favour of the plaintiff and intimating that a suit would be filed. Four days later the plaintiff brought the suit out of which the present second appeal arises for sp
















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