RAGHUNANDAN LAL Vs. SHEODHAN DAS

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for specific performance of a contract.

(2.) Sheodhan Das, defendant 1, and Ballabn Das lather of Janki Das, defendant 2, were brothers & formed a joint Hindu family governed by the Mitakshara. On 24-8-1945 Sheodhan Das entered into an agreement of sale of certain house property with the plaintiff appellant for a sum of Rs. 11250/-. The agreement of sale was executed by Sheodhan Das alone for himself and as agent for Ballabh Das and as a Karta of the family consisting of himself and of his brother. The sale consideration was apparently to be paid in cash. One of the terms of the agreement of sale was that Sheodham would have the sale executed by himself, his brother Ballabh Das and Janki Das, defendant 2. The sale deed was not executed within the stipulated time and Ballabh Das died. Later on, after his death, Sheodhan Das and Janki Das executed a sale deed of the disputed property in favour of Kanhaiya Lal, defendant 3-respondent, for a sum of Rs. 13000/-. The plaintiff-appellant then filed the suit, which has given rise to this appeal, for specific performance of the contract, and he impleaded, besides Sheodhan Das and Janki Das, Kanhaiya Lal, the subsequent purchaser as defendant 3.

(3.) Defendant 3 defended the suit. The other two defendants remained absent. The defence of defendant 3 was that he paid the price in good faith and had no knowledge of the agreement of the sale between the plaintiff and defendant 1, that the property was joint family property and defendant 1 had no right to make sale in respect of it on behalf of defendant 2, that the plaintiff did not pay the price within three months as agreed upon by him in the agreement of sale, and that, in any event, the plaintiff was not entitled to have the sale deed executed.