SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1950 Supreme(Mad) 89

P.V.RAJAMANNAR, SOMASUNDARAM
Somasundaram Chettiar – Appellant
Versus
Chidambaram Chettiar – Respondent


Advocates:
G.R. Jagadisan for Appellant.
V. Ramaswami Aiyar and M. Natesan for Respondent.

The Chief Justice.-This appeal arises out of a suit filed by the respondent for specific performance of an agreement to assign the decree in O.S. No. 208 of 1932, on the file of the Court of the Subordinate Judge of Devakottai obtained by the appellant as a result of the decision of this Court in A.S. No. 237 of 1934.

The agreement was dated 17th December, 1942, and there is now no dispute that it was executed by the defendant who had full knowledge of what he was doing. In his evidence he admitted that though he was not originally agreeable to execute the deed of assignment of the decree, he eventually agreed to do so and executed the agreement, Exhibit P-2. There was an attempt in the Court below to establish a case of coercion which vitiated the agreement, but the attempt altogether failed. On a perusal of the evidence of the defendant himself and the other three witnesses examined on his behalf, there is no doubt left in our minds that the agreement was duly executed by the defendant and was intended to be acted upon. The defendant’s case was that the transaction was brought about at the instance of two of the judgment-debtors in O.S. No. 208 of 1932 and the plaintiff was merely







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top