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1944 Supreme(Mad) 135

PATANJALI SASTRI
Gade Rosi Reddi – Appellant
Versus
Gade Kristna Reddi – Respondent


JUDGMENT

Patanjali Sastri, J.

1. These two second appeals arise out of a suit for specific performance. One Venkata Reddi and his sons, defendants 2 and 3, executed a promissory note on 9th October 1933 in favour of the plaintiff and his paternal uncle, defendant 1, in renewal of an earlier note of 1930 executed by Venkata Reddi and defendant 2. The plaintiff and defendant 1 brought a suit on the note in 1936 for recovery of the amount due, but pending the suit the parties entered into a compromise as a result of which the suit was allowed to be dismissed. The terms of the compromise were embodied in three documents, Exs. A, B and G all executed on the same day, namely, 15th October 1936. Exhibit G is a promissory note executed by defendants 2 and 3 (their father having died by that time) in favour of the plaintiff and defendant 1 for Rs. 2004 being the amount of principal and interest settled as payable under the promissory note dated 9th October 1933. The said sum was to carry interest at the rate of one rupee per cent. per mensem till the date of payment. Exhibit A is a contract of sale whereby defendant 2 and defendant 3 as the guardian of his minor wife defendant 4 agreed to sel









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