JANARDAN DAS Vs. DURGA PRASAD AGARWALLA

JUDGEMENT

(1.) The present appeal arises from the judgment and order dtd. 25/10/2013 passed by the High Court of Orissa at Cuttack in First Appeal No. 185 of 1997, wherein the High Court reversed the judgment of the Civil Judge (Senior Division), Baripada, dtd. 17/5/1997 in T.S. No. 103 of 1994. The High Court decreed the suit for specific performance filed by the plaintiffs (Respondent Nos. 1 and 2 herein), directing the defendants, including the present appellants (Defendant Nos. 9 to 11), to execute a sale deed in defendant nos. 9 to 11 have approached this Court by way of the present appeal.

(2.) The relevant facts giving rise to the original suit are as follows:

(3.) Before the Trial Court, the plaintiffs contended that they had entered into a valid and enforceable agreement to purchase the suit property from Defendant No. 1 and late Soumendra on 6/6/1993 for a total consideration of Rs.5,70,000,.00 paying Rs.70,000.00 as earnest money. They asserted that Defendant No. 1 was authorized to act on behalf of Defendant Nos. 6 to 8 by virtue of the General Power of Attorney dtd. 30/12/1982 (Ext.1), which empowered him to sell the property. The plaintiffs emphasized that the agreement stipulated the sisters (Defendant Nos. 6 to 8) would come to Baripada within three months to execute the sale deed, and they were assured by Defendant No. 1 and late Soumendra that the sisters had consented to the sale. They maintained that they were always ready and willing to perform their part of the contract, including paying the balance consideration and completing the sale. Furthermore, they argued that the subsequent sale deed executed on 27/9/1993 in favour of Defendant Nos. 9 to 11 was invalid and not binding on them, as it was executed with full knowledge of the prior agreement with the plaintiffs.