(1.) Apart from the various factual questions involved in this Appeal, an interesting question under the Hindu Law as to the power of a Hindu father to enter into an Agreement of Sale of immovable property belonging to his sons for the payment of antecedent debt and/or legal necessity and as to the power of the Court to grant specific performance of such agreement arises in this appeal.
(2.) The appeal arises out of the suit for specific performance filed by the present appellant (who will be referred to hereinafter as the plaintiff) against the respondents (original defendants). The suit has been dismissed by the trial Court by taking a somewhat peculiar view as regards the relevant principles of the Hindu Law and hence this appeal. I am stating the facts of the case, in some details, at this stage it selfs. Most of them are admitted facts. Whenever there is any dispute about a particular fact, I will indicate the nature of the dispute in the course of the statement. All the parties will be referred to with reference to their position in the trial Court, that is to say as plaintiff or defendant etc.
(3.) The written Statement of defendant No. 1 distinguishes itself more by its dishonesty embellished, at a place, by artistry emanating from cunning legal advice, than by anything resembling genuine or reasonably tenable defence. I will not refer to the flippant and frivolous defences in such cases such as the error in the distinction of property etc. Our forensic community revels in such defences knowing full well that the only outcome of such defences is the wastage of Courts precious time and delay of proceedings. Not infrequently, this is what is intended : In the instant case, these defences must be having no other intendment at all, because they were not pressed into service very seriously in the lower Court and in this Court they are specifically given up by Mr. Rane, appearing for respondent Nos. 2 to 6. I will refer only to those defences raised by defendant No. 1 as genuinely necessitate consideration. But not even all those defences are pressed into service by Mr. Rane in this appeal. I will however, refer to them and shall also briefly point out wherever possible the false or worthless character of the same. These defences are the following :---