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1912 Supreme(Mad) 382

S.AIYAR
Pichikala Mangamma – Appellant
Versus
Pami Ramamma – Respondent


JUDGMENT

1. The decision of the point (sic) in second appeal is not free from difficulty. The 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 put you now alone in the possession of the jeroyity 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 latt



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