MRS SARADAMBAL AMMAL Vs. ERKANDASAMY GOUNDAR

JUDGEMENT

(1.) This appeal arises out of a suit for specific performance of a contract entered into by the defendant to convey an estate known as the Kosalai estate to the first plaintiff.

(2.) The contract is evidenced by a compromise decree dated 8 April, 1942, in O.S. No. 67 of 1941 on the file of the Sub-Court, Nilgiris, whereby the first plaintiff undertook, inter alia to deposit Rs.16,500 by the 30 June, 1943, and the defendant on his part agreed to convey the estate. The first plaintiff entered into an agreement on 17 June, 1943, with the second plaintiff purporting to sell the estate for Rs. 25,000 to the latter. Under this agreement, the first plaintiff got Rs. 17,880 which she deposited in Court in pursuance of the compromise decree on the 29 June, 1943, and brought the present suit for specific performance of the compromise by the defendant executing a conveyance either to her or to the second plaintiff.

(3.) It would appear that the second plaintiff in his turn purported to execute a sale for Rs. 30,000 of the estate in question to one Kandasami Goundan on 12th May, 1946, who applied in I.A. No. 115 of 1946 in the lower Court to be impleaded as the third plaintiff in the suit. This application having been allowed, the first plaintiff who opposed the application has preferred this civil miscellaneous appeal attacking the order of the lower Court.