RAKESH KUMAR Vs. SAT PAL

JUDGEMENT

(1.) The legal question that needs decision by us may be formulated thus :- Can a decree for specific performance be ordered for lesser share of the property than agreed upon to be sold?"

(2.) In order to appreciate the controversy, certain salient features of the case may be noticed.

(3.) Shiv Ram was the father of Sat Pal plaintiff and defendants Nos.1 to 3. Smt. Rattan Devi, defendant No.4, is the widow of Shiv Ram. Smt. Raj Kumari and Smt. Veena are the daughters of Shiv Ram. The house in dispute was owned by Shiv Ram deceased. Rakesh Kumar and others, defendants, represented to plaintiffs that Smt. Raj Kumari and Smt. Veena had relinquished their rights and title in the house in dispute in favour of the parties to the suit, with the result that each one of them had 1/5th share in the house in dispute. It is further averred that the defendants entered into an agreement dated 12th July, 1980, with the plaintiff to sell their 4/5th share in the house to him. The defendants received from the plaintiff Rs.5,400/- out of the sale consideration and the remaining amount was to be paid in instalments i.e. Rs.9,000/- on 30th August, 1980, Rs.8,000/- on 30th October, 1980 and Rs.8,000/- on 30th December, 1980. It is next averred that the plaintiff paid to the defendants the sum of Rs.9,000/- on 30th August, 1980. On 30th Oct., 1980, he offered the amount of Rs.8,000/- out of the sale consideration against receipt, but the defendants avoided to accept that amount A notice dated 4th Nov., 1980, was also issued, but the defendants did not accept that notice; rather they sent a notice to the plaintiff that he had failed to pay the instalments payable on 30th Oct., 1980, and that the amount paid by him to them stood forfeited. The plaintiff thereafter sent registered notices to the defendants. Consequently, the plaintiff filed a suit for specific performance of the agreement dated 12th July, 1980, in respect of 4/5th share of the defendants in the house in dispute on payment of the balance sale consideration of Rs. 16,000/-.