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1963 Supreme(Mad) 452

VEERASWAMI
Thangavel Chettiar – Appellant
Versus
Kuppu Bai – Respondent


Advocates Appeared:
N.R. Raghavachariar, for Appellants; K. Sanvabhauman and M. Rangaswami Iyengar, for respondents

Judgement

JUDGMENT :- On 17th April 1958, the first defendant entered into an agreement with the plaintiff to sell to the latter a piece of immoveable property. Ignoring the agreement, the first defendant sold the property on 4th June 1953 to the second defendant, who, in his turn, sold it on 2nd October 1955 to the third defendant. The third defendant too, in turn, sold the property to the fourth and fifth defendants, who are the appellants in this court. The first respondent who was the plaintiff, brought the suit originally against the first defendant for specific performance of the agreement. Pending the suit the first defendant died. On coming to know that the first defendant had sold the property. So the second defendant, the first respondent got the second defendant impleaded as a party to the suit. This was within three years of the date of the agreement. The second defendant too died pending the suit and no legal representatives of the second defendant were brought on record. The position, therefore, was that the suit stood abated, so far as the first and second defendants were concerned. The first respondent, again coming to know that the second defendant had transferred t





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