DAYA RAM Vs. RAKSHA KUMARI

JUDGEMENT

(1.) Gobind Ram, respondent No. 2, on his own behalf and on behalf of his minor son Daya Ram appellant entered into an agreement to sell the land in dispute with Smt. Raksha Kumari, respondent No. 1, on November 25, 1964 for Rs. 10,000/-. Gobind Ram received Rs. 2734/- as earnest money at the time of the execution of the agreement deed. It was agreed that the sale deed would be executed upto December 15, 1965. As the sale deed was not executed within the prescribed time, Smt. Raksha Kumari filed a suit for possession of the land by specific performance of the contract. In the alternative she claimed a decree for possession by specific performance of contract in respect of the share of Gobind Ram alone in terms of Section 12 of the Specific Relief Act (for short 'the Act'). It was further prayed that in case decree for specific performance of the contract is not granted, then a decree for Rs. 10,000/- as damages be passed in her favour.

(2.) The suit was contested by Gobind Ram and Daya Ram defendants. The trial Court held that the agreement of sale (Exhibit P.1) can be specifically enforced only against Gobind Ram. It was further held that Daya Ram, being minor at the time of the execution of the agreement deed, was entitled to refuse specific performance of contract regarding his share. On these findings the plaintiff's suit for specific performance was decreed only in respect of the share of Gobind Ram on payment of the balance amount of consideration of Rs. 7266/-. The suit against Daya Ram was dismissed.

(3.) The plaintiff filed an appeal which was decided by the Additional District Judge, Hoshiarpur. The lower Appellate Court accepted the appeal on the ground that Daya Ram had not repudiated the contract even after attaining majority and he was, therefore, bound by the same. Consequent upon this finding that the plaintiff was granted decree for specific performance of contract in respect of the share of Daya Ram also. Against this judgment and decree of the lower Appellate Court Daya Ram has come up in second appeal.