CHANDRA BAHADUR SINGH Vs. KESRICHAND

JUDGEMENT

(1.) THIS second appeal has been filed by the defendants against the reversing judgment of the Additional District Judge, Rajnandgaon, in Civil Appeal No. 31 -A of 1956, dated 26 -11 -1957.

(2.) THE respondent -plaintiff had sued the appellants -defendants for specific performance of a contract of sale of Khasra Nos. 9, 1771/3 and 1996/3, situate in mouza Belgaon, Tahsil and District Khairagarh. The contract was entered into by appellant No. 1 Raj Kumar Chandra Bahadur Singh by Ex. P -1, dated 28 -1 -1952, Ex P -2, dated 9 -7 -1952 and Ex. P -3, dated 15 -9 -1952. The appellant No. 2 is the son of appellant No. 1.

(3.) THE plaintiff's case was that the agreements in suit were executed by appellant No. 1 as he needed money for the household expenses of the joint family. Accordingly both the appellants -defendants were liable to perform the contract.