ALAMELU AMMAL Vs. RADHAKRISHNA NAIDU

JUDGEMENT

(1.) THE defendant in the suit O. S. No. 167 of 1958, on the file of the District munsif's Court, Cuddalore, is the appellant in this second appeal.

(2.) ON 22-12-1955 two brothers Koothan and Palani conveyed the suit properties to the defendant for a sum of Rs. 200 and on the same day as part and parcel of the sale transaction the defendant executed a registered agreement of reconveyance in favour of one of the brothers, Palani, agreeing to reconvey the properties as and when the latter paid the sum of Rs. 200 during Chitrai Kalavathi of any year when there were no crops on the land. Palani executed a sale deed of the suit properties in favour of the plaintiff under Ex. A-3, dated 14-5-1957, and the latter tendered the sum of Rs. 200 to the defendant and asked for a reconveyance of the property but the defendant declined to do so. The plaintiff filed the suit for specific performance.

(3.) THE defendant contended that the right of Palani to obtain the reconveyance from the defendant is purely personal to Palani and cannot be assigned to the plaintiff, and that in any event the sale deed by Palani in favour of the plaintiff was simply a sale of the property and therefore would not convey the right to obtain a reconveyance, from the defendant. The learned District Munsif accepted these contentions and dismissed the suit. But on appeal the learned District Judge held against the defendant on both the points and decreed the suit for specific performance and directed reconveyance of the property.