DEVKISHAN Vs. RAMCHANDRA & ORS

JUDGEMENT

(1.) This second appeal has been filed by the appellant/ defendant being aggrieved by judgment and decree dated 7.5.2012 passed by the learned Additional District Judge, Chachoda, Distt. Guna, in civil appeal No.18-A/2012, whereby judgment and decree dated 28.2.2004 passed by the learned Civil Judge, Class I, Chachoda, Distt. Guna, in civil suit No.813- A/1996 has been affirmed.

(2.) Brief facts leading to the present appeal are that plaintiffs/ respondents No.1 and 2 in this second appeal had filed a suit for specific performance which has been decreed by both the Courts below. It is not in dispute that an agreement was executed for sale of the suit land on 31.3.1990. At the time of agreement, plaintiffs paid a sum of Rs.3,000/- i.e. total sale consideration, to the present appellant and it was agreed that plaintiffs shall be entitled to get the sale-deed registered in their names as per their convenience. It is also not in dispute that suit was filed in the year 1993 when the defendant refused to execute the sale-deed in terms of the agreement, Ex.P/3.

(3.) Learned counsel for the appellant has submitted that since there was no pleading of readiness and willingness on the part of the plaintiffs and plaintiffs never gave any notice to the defendant showing their readiness and willingness to perform their part of contract, they were not entitled to a decree of specific performance. It is also submitted that since the suit property was joint family property for which the defendant/ appellant was not entitled, therefore, no decree could have been passed in respect of the joint family property which was not divided. It was also submitted that suit was barred by limitation and in terms of the provisions contained in Section 16 (C) of the Specific Relief Act, 1963, such relief in absence of specific pleading in regard to readiness and willingness could not have been granted.