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Baluswamy Vs. Lakshmanan and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Contract
CourtChennai
Decided On
Reported in(1898)8MLJ193
AppellantBaluswamy
RespondentLakshmanan and ors.
Cases Referred(Muttia v. Appasami
Excerpt:
- - , 504) is an authority against the purchaser, for it shows that an agreement like the present may bind him.1. i am asked to say that a purchaser who was also decree-holder may, in defiance of his own agreement, insist on an order under section 318. it is clear to my mind that the judge intended to find that there was an agreement between the parties and that under it rs. 1,100 had been received by the purchaser. the case cited (muttia v. appasami, i.l.r., 13 m., 504) is an authority against the purchaser, for it shows that an agreement like the present may bind him.2. i dismiss the appeal with costs.
Judgment:

1. I am asked to say that a purchaser who was also decree-holder may, in defiance of his own agreement, insist on an order under Section 318. It is clear to my mind that the Judge intended to find that there was an agreement between the parties and that under it Rs. 1,100 had been received by the purchaser. The case cited (Muttia v. Appasami, I.L.R., 13 M., 504) is an authority against the purchaser, for it shows that an agreement like the present may bind him.

2. I dismiss the appeal with costs.


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