SAMRATHMAL Vs. ATUL KUMAR

JUDGEMENT

(1.) This judgment shall also govern the disposal of connected F.A.No. 171 of 1998-Manoharlal and others vs. Atul Kumar and others, as both these appeal arise out of a common judgment and decree passed by the trial Court for specific performance of contract in favour of respondent No. 1 and 2.

(2.) Appellant in F.A.No. 170 of 1998 is the father of appellants in the other appeal . Contest is between these appellants and respondent No. 1 and 2; and pertains to House No. 71, M.G. Road, Kukshi more particularly described in the plaint (hereinafter referred to as the suit property for short). It is an admitted fact that suit property belongedto Rakhabji, father of Samrathmal and Shantilal and after Rakhabji's death in the year 1959, mutation was made revenue records in the name elder-brother Shantilal.

(3.) It is also an admitted fact that on 5.7.1992 Samrathmal and Shantilal entered into an agreement of sale of the suit property in favour of respondent No. 1 and 2 for a total consideration of Rs. 2,00,101/-. Written agreement to this effect is Ex.P-2 and purchasers paid Rs. 20,000/- in advance to vendors at that time. It is an admitted fact that Samrathmal and Shantilal were real brothers; Shantilal died on 18.10.1992 intestate leaving behind no wife or children. Since then, the property is recorded in the name of Samrathmal as owner of it. It is also admitted that plaintiffs served a registered notice dated 15.11.1993 requesting Samrathmal to execute the sale deed but in vain. Hence the suit for specific performance. It is also important to remember that admittedly respondent No.1 Kantabai was the real niece (predeceased sister Kanchanbai's daughter) of Samrathmal and Shantilal.