AIR 1960 MADRAS 33 ::(1959) 2 MadLJ324 ::ILR (1959) Mad 552

Madras High Court

Hon'ble Judge(s): Ramaswami, Subrahmanyam , JJ

(A) Evidence Act (1 of 1872) , S.92 Proviso(4)— Modification of contracts - An agreement to convey, though reduced to writing, is not required by law to be in writing - The agreement can therefore be validly modified by an oral agreement entered into between the parties. (Para 12) Anno: C.J.I. Evidence Act, S. 92, N. 37. (B) Contract Act (9 of 1872) , S.38— Agreement to execute conveyance - Agreement would not be fully performed until the vendor has assisted in its registration. Transfer of Property Act (4 of 1882) , S.54— Where the vendor agrees to execute a conveyance, without specifically agreeing also to have the conveyance registered, even in such a case the agreement would not be fully performed until the vendor has done all that he is required to do to have the document duly registered. This is because an agreement to execute a conveyance necessarily implies an agreement to execute a valid conveyance, that is to say, an agreement to have a conveyance executed, and, where it requires registration, to assist in such registration.(Para 17) Anno : C.J.I. Contract Act, S. 38, N. 1; AIR Com., T. P. Act, S. 54, N. 23. ....