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1950 Supreme(Mad) 132

VISWANATHA SASTRI
S. Ramalinga Pillai. – Appellant
Versus
G. R. Jagadammal alias Jagadamba Ammal. – Respondent


Advocates:
S. Jagadisa Aiyar for Appellant.
D. Ramaswami Aiyangar, T. Rangaswami Aiyangar and V. Vedantachari for Respondents.

Judgment.-

The plaintiff, whose suit for specific performance of a contract for sale of land belonging to the 1st defendant was decreed by the trial Court but dismissed on appeal, has preferred this second appeal. The 1st defendant is the wife of the 2nd defendant. Under Ex. P-1 dated nth October, 1943, in the handwriting of the husband and bearing the thumb impressions of the wife, two plots of land belonging to the wife were agreed to be sold to the plaintiff for Rs.1,750 out of which a sum of Rs.150 was recited as having been paid in advance. The time for completion of the conveyance and payment of the balance of the price was fixed at one month from the date of the contract and it was provided that an encumbrance certificate should be furnished by the vendor to the purchaser before the execution of the conveyance. The plaintiff alleged that on 22nd October, 1943, the title deeds of the property were handed over to him, that the tenant of the land was also made to attorn to him and that he purchased stamp papers and had the conveyance engrossed thereon, but the defendants acting in concert evaded performance of the contract and eventually resiled therefrom. The plaintiff averred


































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