Sinnamy Aiyer V. Balampikai Amma

Present : Dalton and Akbar JJ. 1929.

SINNAMY AIYER v. BALAMPIKAI AMMA.

449-D.C. Jaffna, 22,734.

Bond-Agreement to convey land-Payment of damages in default- Period of prescription-Ordinance No. 22 of 1871, ss. 6 and 7.

A document setting out an agreement to convey land and in default, providing for the payment of a sum of money as the value of the land and a further sum by way of liquidated damages, is not a bond conditioned for the payment of money, within the meaning of section 6 of the Prescription Ordinance, No. 22 of 1871.

An action upon such an agreement is prescribed in six years. APPEAL from a judgment of the District Judge of Jaffna.

Plaintiff brought this action to obtain specific performance of an agreement to convey certain lands or in the alternative to ' recover a sum of Rs. 750 and a further sum of Rs. 500 by way of liquidated damages. The material part of the document upon which the action was based was as follows: -

I the said party of the first part, do declare and undertake to convey by way of deed one-half share of the remaining property (immovable) inclusive of my acquisition belonging to me and my husb

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