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T. Seshadri Iyengar Vs. C. Ramanuja Iyengar - Court Judgment

LegalCrystal Citation
SubjectContract
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.96
AppellantT. Seshadri Iyengar
RespondentC. Ramanuja Iyengar
Excerpt:
contract - specific performance of contract--contract to lease land--lessor's lease determined by municipality to whom land belonged--contract impossible of performance. - 1. exhibit a is found to have been executed in view of the contemplated dissolution of partnership between the defendant and dorasawmy iyengar. the partnership was not dissolved.2. the plaintiff was not credited with the amount of rs. 430 in the account books, nor was the deed executed by the defendant as agreed, and the parties knew that the plaintiff had not obtained any lease from the municipality. in these circumstances we are unable to say that the judge is wrong in holding that there was any completed agreement.3. the appeal is dismissed with costs.
Judgment:

1. Exhibit A is found to have been executed in view of the contemplated dissolution of partnership between the defendant and Dorasawmy Iyengar. The partnership was not dissolved.

2. The plaintiff was not credited with the amount of Rs. 430 in the account books, nor was the deed executed by the defendant as agreed, and the parties knew that the plaintiff had not obtained any lease from the Municipality. In these circumstances we are unable to say that the Judge is wrong in holding that there was any completed agreement.

3. The appeal is dismissed with costs.


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