MANARANJAN SADHUKHAN Vs. BIRENDRANATH DUTT

JUDGEMENT

(1.) This appeal arises out of a suit for specific performance of a contract for sale and is directed against an order, by which, on the 25th November 1919, the Judge of the trial Court refused the plaintiff s prayer for a temporary injunction restraining the defendants from selling the property in question during the pendency of the suit. The defendants are four widows, three minors and two comparatively young men. They are co-sharers in the property and the contract in question was entered into with them on the 28th of February 1919. In this contract the mother of the 3 minors, one of the four widows, purported to act on behalf of her minor sons. She had not then been appointed guardian of the person or property of her minor children under the provisions of the Guardians and Wards Act and one of the terms of the contract, therefore, was that she should apply to the District Judge to be so appointed, should next apply for his permission to sell the shares of the minors, and within one month from the date of the permission so obtained, should complete the contract on their behalf.

(2.) On the 13th of June the mother applied and was appointed guardian, and thereafter on the 11th of August obtained the sanction of the District Judge to the completion of the contract.

(3.) The property in question measures some 2 1/2 bighas and the price at which the defendants were to sell to the plaintiff, Monoranjan Sadhu Khan, works out at Rs. 850 per cottah, On the 14th of March the plaintiff contracted to sell to one Ganapat at the rate of Rs. 1,050 a cottah, and on the 28th July he next contracted to re-sell to one Jagarnath Dhunduria at Rs. 1,075 per cottah.