SAROJDEVI Vs. CHARUSHIL

JUDGEMENT

(1.) The short and important point for decision in this appeal is whether a suit for specific performance of a contract abates in it's entirety when one of the plaintiffs, being a party to a joint, indivisible contract, dies, and his legal representatives are not brought on record within the specified time.

(2.) The facts in brief are as follows : Four brothers viz. one Ramchandra who died before the institution of the suit and whose four legal representatives are the appellants Nos. 1 to 4, Suryakant plaintiff No. 5, Chandrakant plaintiff No. 6 and Omkant plaintiff No. 7 agreed to purchase one plot Being plot No. 390/4, Ghat Road, Nagpur, from the defendants-respondents Nos. 1 and 2, sometime in 1973, and while entering into an agreement for that purpose also agreed to purchase the adjoining plot No. 390/4 (390/3), which is the subject matter of the suit by the following term in the contract dated 10-8-1973.

(3.) In spite of the aforesaid term the defendants-respondents Nos. 1 and 2 published a notice in the daily 'Nagpur Times' on 16-7-1978, making known their intention to sell the suit property to the defendant-respondents Nos. 3 and 4. On coming across this notice, the plaintiffs protested by a registered notice to the defendants-respondents asserting their rights of pre-emption and the terms of the earlier contract stated above, put in vain. The defendants respondents Nos.1 and 2, however, sold the suit house and plot No. 390/3, to the defendants-respondents Nos.3 and 4 by two registered sale deeds dated 26-8-1978, for Rs. 45.000/- each.