MOHAN LAL DAGA SON OF LATE JUGAL KISHORE DAGA Vs. LIFE INSURANCE CORPORATION OF INDIA, A CORPORATION ESTABLISHED UNDER LIFE INSURANCE CORPORATION

JUDGEMENT

(1.) THIS appeal is directed against the judgement and decree dated 30th November, 1987 passed in Title Suit No. 272 of 1982 filed by the respondent no.1 (Life Insurance Corporation) seeking relief of specific performance of contract in respect of the suit property. The appellant contested the suit. The suit decreed, hence the present appeal is preferred by one of the defendants of the suit namely the appellant.

(2.) THE case of the plaintiff-respondent no.1 is that the father of the appellant, Late Jugal Kishore Daga as well as the respondent nos. 2 & 3 and husband of the deceased, respondent no.4, entered into an agreement for sale after long correspondence between the year 1974-81 in respect of the suit property detailed in Schedule 'A' which was in occupation of the respondent no. 1 as tenant on monthly rent of Rs. 375/-. THE said Late Jugal Kishore Daga however for some reason or the other could not execute the sale deed on the agreed consideration money of Rs. 2,35,050/-, and as such, the plaintiff filed the above suit for specific performance of contract. THE suit was not contested by any of the defendants except the appellant. THE case of the appellant was that the suit property belonged to four persons namely, Jugal Kishore Daga (father of the appellant), Mohan Lal Daga (appellant), Kamla Daga (Minor daughter of Jugal Kishore Daga) and Raj Kumar Daga (Minor son of Jugal Kishore Daga) as per the decree of Title Partition Suit No. 193 of 1966 (Exhibit-4) vide schedule '2'. As such although the property remained joint and no partition took place between them, all the above four persons had title over the property to the extent of one fourth. THErefore, the father Late Jugal Kishore Daga could not have entered into the agreement for sale of the suit property himself and on behalf of his sons and daughter including the appellant even though there was no partition amongst them, besides the agreement to sell the suit property was not in the benefit of the family inasmuch as there was no concluded agreement for sale. Accordingly, the suit was sought to be dismissed.

(3.) THE point for determination in appeal is as to whether Late Jugal Kishore Daga was the Karta of the family and competent to enter into an agreement for sale of the suit property and the agreement was a concluded or not.