(1.) Since all these appeals arise out of O.S-No. 856 of 1985, they are being disposed of by a common Judgment. For the sake of convenience I would refer to the parties as they are arrayed in the suit.
(2.) Initially three plaintiffs filed the suitagainst five defendants for specific performance of an agreement of sale dated 5-10-1982 said to have been executed by the 1st defendant in their favour, in respect of malgies bearing Municipal Nos. 21-2-172, 21-2-173 and 21-2-174, which are in their possession as tenants of the 1st defendant, and a right of pre-emption of the first floor portion over the said malgies, alleging that 1st defendant initially entered into an oral agreement to sell the aforesaid three malgies and the residential portion in the first floor of the said malgies to them on 16-8-1977, and thereafter had on 5-10-1982 executed an agreement of sale in their favour in respect of the said three malgies for a total consideration of Rs. 3,06,000/- at the rate of Rs. 1,02,000/- per each malgi after having received Rs. 1,000/- towards part of the sale consideration and also agreed to sell the residential portion on the first floor of the malgies to them only in case he intends to sell the same, at the prevailing market rate, and had on 1-04-1983 received Rs. 11,000/- and Rs. 19,000/- on 31-1-1983, and thereafter agreed to sell the residential portion in the first floor of the malgies for consideration of Rs. 1,50,000/- which was the prevailing market rate at that time, but went on postponing execution of the sale deed on the ground that litigation is pending in connection therewith with defendants 9 and 10, and when 1st defendant was intending to sell the malgies to third parties, plaintiffs got made paper publication in 'Milip' dated 26-3-1984 and the Deccan Chronicle dated 28-3-1984 informing the public about the agreement in their favour and had also sent a registered notice dated 7-4-1984 to the 1st defendant demanding execution of the sale deed in their favour, but 1st defendant on the pretext that the litigation in which he was involved at that time with defendants 9 and 10 would shortly be settled, postponed execution of the sale deed in their favour. Since the property agreed to be sold to them by the 1st defendant is the joint family property of defendants 1 to 5, defendants 2 to 5 also are bound to execute the sale deed in their favour.
(3.) As per the orders in I.A.No. 3258 of1989, filed by defendants 6 to 8 to implead them as party-defendants to suit on the ground that the 2nd plaintiff, who is their eldest brother, entered into the agreement with the plaintiffs for benefit of their joint family, defendants 6 to 8 were added as parties to the suit.
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