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Vagadhu and anr. Vs. Haddu Maharanna and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.870a
AppellantVagadhu and anr.
RespondentHaddu Maharanna and ors.
Excerpt:
sale deed - stipulation for refund of purchase money if dispossessed by government--lawful. - 1. the parties stipulated that in case the government dispossessed the plaintiffs of the lands purchased by them from the defendant, the latter would have to refund the purchase money. the munsif seems to think that such a stipulation is unlawful. he is quite wrong in that view. the suit must be decreed with costs throughout and the plaintiffs shall have a decree for the amount claimed against the defendants nos. 4 to 6 personally and against the defendants nos. 1 to 3 to the extent of the joint family property in their hands.
Judgment:

1. The parties stipulated that in case the Government dispossessed the plaintiffs of the lands purchased by them from the defendant, the latter would have to refund the purchase money. The Munsif seems to think that such a stipulation is unlawful. He is quite wrong in that view. The suit must be decreed with costs throughout and the plaintiffs shall have a decree for the amount claimed against the defendants Nos. 4 to 6 personally and against the defendants Nos. 1 to 3 to the extent of the joint family property in their hands.


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