THA. DURAISWAMI NAIDU Vs. KRISHNAPPA NAIDU

JUDGEMENT

(1.) THE plaintiff in O.S. No. 290 of 1953 on the file of the District Munsif, Ranipet, is the appellant in this Second Appeal.

(2.) THE suit was for specific performance of a contract of sale entered into by the defendant -respondent and for possession of the property agreed to be conveyed. The plaintiff alleged that on 25th December, 1949, he and the defendant entered into an agreement that, in consideration of the plaintiff giving up certain debts owing to him by the defendant and his father, and the plaintiff conveying to the defendant a half share in a site, the defendant would convey the suit property to the plaintiff by a registered sale deed before 12th June, 1950.

(3.) DURING trial, the agreement alleged in the plaint was sought to be proved by filing the arbitration agreement, Exhibit A -1, a decision or award by some of the arbitrators, Exhibit A -1 (a) and the endorsement made on that decision by the plaintiff and the defendant.