AMER CHAND Vs. NATHU

JUDGEMENT

(1.) This appeal arises out of a suit for specific performance of a contract for sale of immovable property. The plaintiff in the plaint claimed also damages in the alternative. The defendants, Nathu and Nand Lal, are the minor sons of one Bisauri. Their mother and guardian, Musammat Des Rani, entered into an agreement for sale of certain property to the plaintiff. The purchase money, i.e., Rs. 364-12-6, was the amount due on a mortgage which was executed by the father of the defendants in favour of the plaintiff. The sale was sanctioned by the Collector and the sale-deed was drawn up and executed on behalf of the minor defendants by Musammat Des Rani. She subsequently repudiated the transaction and refused to have the deed registered. No steps were taken under the Registration Act for the compulsory registration of the document, and the time for doing so was allowed to elapse. The plaintiff instituted the suit out of which this appeal has arisen for, as we have said, specific performance of the contract.

(2.) The Court of first instance by its decree ordered that the plaintiff's suit for registration of the deed of sale, and for possession of the property under it be decreed with costs, and, in case of default, that the plaintiff should have a decree against the defendants and their property for the price of the property and interest thereon.

(3.) An appeal was preferred by the defendants which came before the Subordinate Judge of Jhansi. He modified the decree of the Court below and directed that the order for registration of the sale be set aside and a decree be passed for the principal amount due to the plaintiff and interest and declared that that amount should be a charge on the property in dispute.