DR. RAMJAS RAI Vs. MUNSHI AND OTHERS

JUDGEMENT

(1.) The facts which give rise to this second appeal are as follows:

(2.) Defendant No. 1 in the suit entered into an agreement with the Plaintiffs and Defendants 2 to 4 to the suit in respect of a certain house. Inter alia, the agreement recited as follows: -

(3.) The Plaintiffs and Defendants 2 to 4 did nothing with respect to this contract upto 20th September 1947. Then they sent a notice to Defendant No. 1 asking him to accept Rs. 400/ - and convey the property to them within fifteen days of the notice. The fact that a notice was sent has been admitted by Defendant No. 1 no reply was sent to this notice by Defendant No. 1. On 1st December 1947 the Plaintiffs filed a suit for specific performance of the contract against Defendant No. 1; the other persons entitled to the deed being impleaded as Defendants 2 to 4. On 10th January 1948, the money was deposited in Court. The Plaintiffs' application stating that they had filed a suit for specific performance of the contract and wished to deposit the money was itself made on 15th December 1947.