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1950 Supreme(Mad) 170

VISWANATHA SASTRI
Minor Ramalingam Reddi by next friend Vanajakshi Ammal – Appellant
Versus
Babanambal Ammal – Respondent


Advocates:
T.R. Srinivasan and S. Gopalratnam for Appellants.
T.S. Nagaswami Aiyar for Respondent.

Judgment

Defendants 1 and 3, a Hindu minor and his mother, are the appellants in this second appeal, the 2nd defendant, an infant brother of the 1st defendant having died pendente lite. The plaintiff, a Hindu widow, sued for specific performance of a contract for sale of 3 acres, 7 cents of dry land entered into between her and the defendants and embodied in a compromise Exhibit P-3, dated 19th January, 1944, and filed in S.C.S. No. 65 of 1943. The land belonged to the plaintiff’s deceased husband who sold it to her father on 9th January, 1940. In S.C.S. No. 65 of 1943 the present defendants 1 and 2, the grandsons and legal representatives of the vendee represented by their mother, the present 3rd defendant, as their next friend sued the present plaintiff for rent, alleging an oral lease under which the plaintiff’s deceased husband had been let into possession of the land. In defence to that suit the plaintiff denied the tenancy and stated that she was in possession under an agreement for reconveyance of the land entered into between the parties to the original sale dated 9th January, 1940. The dispute between the parties was settled by a compromise, Exhibit P-3, arrived at as the r



































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