LAXMIDAS MATHURADAS Vs. JITENDEA MULLICK

JUDGEMENT

(1.) This is an appeal from a judgment and decree of Bose J., dated August 23, 1950, by which lie-dismissed the Plaintiff's suit for specific performance of a contract.

(2.) On January 2, 1946, the shebaits of a certain deity entered into an agreement with the Plaintiff for the sale of certain property known as No. 15/1, Rup Chand Ray Street, in this city. The purchase price was Rs. 30,000, and it was provided that the Plaintiff was to pay earnest money of Rs. 1,001 to the Defendants and that the purchase would be completed within two months from the date of delivery of the title deeds. But the transaction was subject to the vendor's title being established and also to be subject to the sanction of the court being given for the sale of the said premises. The Defendants undertook to make the application to the court at their own expenses. The Plaintiff paid the earnest money and an application was made to the court for permission to sell the premises for Rs. 30,000. This application was made under the Charitable Endowments Act and was heard by Edgley J., who made an order permitting the sale of the premises to the Plaintiff.

(3.) The transaction was never completed and eventually the Plaintiff brought this suit for specific performance of the contract. The contract was made on behalf of the deity by Defendants Nos. 1, 2 and 3, who were the shebaits. Eventually Defendants Nos. 4 and 5 became shebaits when they attained majority and were added as parties and so were Defendants Nos. 6, 7 and 8, who were prospective shebaits, that is, persons who would become shebaits on the death of their: father.