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