CHUNDURU KANNIAH GUPTA Vs. PALLAMPARTHI SUBBARAMI REDDI

JUDGEMENT

(1.) Defendants 1 and 3 are the appellants in this Second Appeal. The plaintiff's suit was for specific performance of a contract, Ex. P-2, dated 27-4-1942, for sale of certain piece of land belonging to the joint family of defendants 1 and 2. This agreement though it was intended to be executed by both the defendants, was, in fact, signed only by the first defendant. The second defendant is alleged to have later entered into another agreement with the plaintiff, Ex. P-1 dated 25-5-1942, but the finding of the lower Courts is that this is not a document which could be enforced as it has not been proved to be genuine. On the 6th of August 1942, defendants 1 and 2 sold the same property to the third defendant under Ex. P-5 and the present suit for specific performance of the contract, Ex. P-2, was filed, making the purchaser under Ex. P-5 also a party.

(2.) The trial Court found that the entire document, Ex. P-2, is unenforceable because, according to the learned District Munsif, certain decisions of this Court are to the effect that the document cannot be enforced even as against the first executant. On that ground the suit was dismissed even though there were findings that the third defendant was not a person who can claim protection according to the provisions of Section 27 of the Specific Relief Act.

(3.) On appeal by the plaintiff, the learned Subordinate Judge, Nellore, agreed with the trial Court as regards the applicability of Section 27 of the Specific Relief Act and also as regards the unenforceable nature of Ex. P. 1 but came to the conclusion that Ex. P-2 can be enforced against the first executant and therefore granted a decree for specific performance of the first defendant's share of the suit property, on the plaintiff fulfilling the necessary conditions regarding the payment of the balance of purchase money and other matters.