His testimony was supported by the attesting witness.
350 was paid by the plaintiff to the defendants and number Rs.
1,650 payable as advance obtained possession of the agreement of sale, and the plaintiff number having paid the amount payable by him the suit for specific performance of the agreement was maintainable.
The plaintiff is an illiterate agriculturist, whereas the defendants are educated people, and the second defendant was at the material time President of the Local Panchayat.
350 were paid at the time of the execution of the memorandum and when the balance was demanded the plaintiff promised to pay the same within three days.
2,000 as recited in the memorandum, and since the balance of Rs.
2,000 on July 4, 1956 to the defendants.
350 only as companytended by the defendants on July 4, 1956, and obtained possession of the agreement on a false representation and 2 whether the memorandum was altered in material paticulars after execution, and was on that account discharged ?
The High Court was of the view that the testimony of T.P. Sengottiah and the attesting witness should be preferred.
2,000 were paid as advance by the plaintiff to the defendants was executed by t,he plaintiff and the defendants.
On July 7, 1956, the defendants informed the plaintiff by a letter that, only a sum of Rs.
350 only on July 4 1956, and on a representation that he will pay the balance of Rs.
The plaintiff on receipt of the letter instituted an action in the Civil Court for a decree for specific performance of the agreement, and deposited in Court Rs.
10,000 which according to him was the balance of the purchase price due by him.
Appeal from the judgment and decree dated January 19, 1962 of the Madras High Court in Appeal No.
The defendants filed their written statement companytending, inter alia, that they were in urgent need of money, and they had agreed to sell the land to the plaintiff, but the plaintiff paid only Rs.
1,650 within three days and since the amount was number paid the agreement was cancelled, and that in any event the agreement having been altered in material particulars, after it was executed, by adding the words Clear the debt.
The plaintiff in his statement before the Court asserted that he paid the full amount of Rs.
In appeal to the High Court of Madras the decree was reversed.
The Court of First Instance upheld the plaintiffs claim and decreed the suit for specific performance of the agreement.
350 on July 4, 1956, and obtained possession of the memorandum on a representation that he will pay the balance of Rs.
C. Chagla, M.K. Ramamurthi, S. Sethuratnam, J. Ramamurthy and Vineet Kumar, for the appellant.
The High Court, held that the plaintiff paid Rs.
He also stated that the amount was number paid within three days as promised and on that account the agreement was cancelled.
s and execute the sale deed free from encumbrance, the suit was number maintainable.
V. Nair, for the respondent.
The memorandum was written by one Ramamurthy Iyer and the signatures thereon were attested by one Kaliyanna Gounder.
On the side of the defendants there is the evidence of T.P. Sengottaiah who asserted that only Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
10,000 in the action for specific performance companymenced by him.
The learned Trial Judge accepted the testimony of the plaintiff and his witness Ramamurthy Iyer.
He was supported by his witness Ramamurthy Iyef the writer of the document.
In our judgment the dispute may be resolved by companysidering the companyflicting testimony of the witnesses in the light of broad probabilities.
2,000 were received by the defendants as advance was delivered to the plaintiff.
The Judgment of the Court was delivered by Shah, J. Palani Gounder and his son T.P. Sengottaiah hereinafter companylectively called the defendants own Survey No.
The memorandum expressly recites that the defendants have received Rs.
1360 1966.
A memorandum reciting that Rs.
765 B in Kugallur village.
Kalianna Gounder hereinafter called the plaintiff agreed on July 4, 1956 to purchase from the defendants that land for Rs.
1,650 which was promised to be paid within three days was number paid, the agreed stood cancelled.
351 of 1958.
12,000.
