Privy Council Court June 1929 Judgments

Robert Hall and Another Vs. Pelmadulla Valley Tea and Rubber Co. Ltd.

Court: Privy Council

Lord Warrington of Clyffe: The question in this appeal is whether the first appellant (the plaintiff in the action) as purchaser from the second appellant is entitled to recover from the respondent company possession of certain lands, the subject of such purchase, notwithstanding a previous agreement on the part of the second appellant to sell the same lands to the respondents, or whether, on the contrary, the respondents are entitled to specific performance of such previous agreement. The action came on for trial before the District Judge of Ratnapura and by the decree dated 22nd August 1925 the plaintiffs' action was dismissed and an order was made in effect for the specific performance of the agreement, certain enquiries and accounts being directed for the purpose of carrying such order into effect. The present appellants appealed from this decree to the Supreme Court of Ceylon, and by their order dated 8th March 1927 it was adjudged that the decree of the District Court should be m...