Death of agreement holder - Father of agreement holder (Class II heir) filing suit for Specific performance - Legal representatives inherit right of agreement holder on his death Right of agreement holder will pass on to successor in interest on his death

Citation 

2002 (1) CTC 334 (Mad)

2002 2 LW 287, 

2002 1 MLJ 519

IN THE HIGH COURT OF MADRAS

S. Jagadeesan and P.D. Dinakaran, 11.L.P.A.No.206 of 2001.V.Udayakumar and 7 OthersJanuary 22, 2002...Appellant

...Vs...

Navaneethammal and 5 Others...Respondent

Specific Relief Act, Section 15-Privity of contra Death of agreement holder leaving behind class I and Class II heirs Father of agreement holder (Class II heir) filing suit for Specific performance No plea raised with regard to father's competance or right to maintain suit Right of agreement holder on his death is passed on to his legal representatives Privity of contra exists between legal representatives of agreement holder and executant Legal representatives inherit right of agreement holder on his death Right of agreement holder will pass on to successor in interest on his death. [Paras 15, 16 & 17]

CASES REFERRED

(2000) AIR SCW 2554

AIR (1999) SC 302

For the Petitioner: Mr.R.Gandhi, Senior Counsel for Mr.R.G.Narendran for Appellants.