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1915 Supreme(Mad) 64

S.NAIR, OLDFIELD
M. Subramaniam Pillai – Appellant
Versus
Sri Gopalarama Subramania Aiyar, – Respondent


JUDGMENT

1. This is an appeal by the plaintiff against a decree of the Subordinate Judge, Tinnevelly. The plaintiff alleged in his plaint that it was agreed between the plaintiff and Chidambara Iyer, father of the defendant, that the latter should purchase the properties now in suit on behalf of the plaintiff at a sale in execution of a decree with the money which the plaintiff agreed to pay to him, and that the properties should be taken possession of through Court; that Ohidam-bara Iyer should enjoy for four years the income, from the said properties in satisfaction of all debts incurred on those properties; that after four years the properties should be put into plaintiffs possession free of all incumbrances and that. Chidambara Iyer should execute a sale-deed to plaintiff in respect of them. In accordance with these arrangements, the plaintiff states that the properties were purchased by Chidambara Iyer as plaintiffs agent with plaintiffs money and that he remaiped in possession. The plaintiff now sues for the execution of a sale-deed and for recovery of possession. The suit was dismissed by the Subordinate Judge as ho was of opinion that it is barred by Section 66 of the Civil



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