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1963 Supreme(Mad) 266

KUNHAMED KUTTI
A. Venkatasami Naidu – Appellant
Versus
Annamalai Goundar – Respondent


Advocates Appeared:
A. Sundaram Iyer, for Appellants; P.S. Chandrasekhara Iyer and P.S. Ramachandran, for Respondent.

Judgement

JUDGMENT :- The defendant who has been unsuccessful in the Courts below is the appellant before me. The matter arises out of a suit filed by the respondent (plaintiff) for specific performance of an agreement dated 24-5-1948 (Ex. A.1). The subject-matter of this agreement was 1.75 acres of punja land in Perimuthoor village, Krishnagiri taluk. This land which had been purchased by the appellant for Rs. 500 in 1947 was in the possession of the respondent as lessee. While so, the appellant and the respondent entered into the agreement in question to sell the land to the respondent for a sum of Rs. 800 within a period of seven years from 24-5-1948. On 23-5-1955, the respondent tendered Rs. 800 together with the expenses for executing and registering the sale deed. That was refused by the appellant. He then sent the amount by telegraphic money order on 24-5-1955. This was also refused by the appellant. The suit out of which this appeal arises was therefore filed by the respondent on 26-5-1958.

2. The contention of the appellant ranged from a denial of the agreement to its unenforceability even if it was found to be true and valid. The appellant also raised the question of limita





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