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1912 Supreme(Mad) 379

S.AIYAR
P. Mangamma – Appellant
Versus
P. Ramamma And Two Ors. – Respondent


JUDGMENT

1. The decision of the point argued in Second Appeal is not free from difficulty. That point is whether Exhibit A in this case is inadmissible in evidence on the ground that it was not registered. The suit is for specific performance. The document purports to be an agreement for sale and it says, "I shall execute a sale-deed on proper stamp paper." The difficulty arises from other clauses in the instrument which, it is contended, show that Exhibit A itself was intended to pass the property. After setting out the receipt of the consideration for the sale (viz.), the discharge of part of the debt due to the intended vendee on a mortgage it says, "I have sold to you and pat you now alone in the possession of the jeroity land." Before the clause agreeing to execute the conveyance we have this clause, "Therefore I have executed this agreement in your favour having agreed to your enjoying the same freely, hereditarily from son to grandson with power to alienate the same by sale or gift." This clause is immediately followed by the covenant to execute a sale deed. Having given our best consideration to the construction of this document, we have come to the conclusion that the latte





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