SRINIVASA REDDI Vs. SIVARAMA REDDI

JUDGEMENT

(1.) The suit was for specific performance of a contract for the sale of land. The plaint alleges that the first defendant, as the managing member of a family consisting of himself and his son, the second defendant, entered into a contract to sell the land to the plaintiff and agreed to obtain the consent of his son to the sale and to induce him to join in the execution of the deed of conveyance. Accordingly he placed the plaintiff in possession of the land. The plaint also alleges sub-sequent ratification by the second defendant.

(2.) It is found that the second defendant had not authorized the first defendant to enter into the contract and that he has not ratified it. The suit against him was rightly dismissed.

(3.) The lower Courts have, however, passed a decree directing the first defendant to sell his share, i.e., half the land on payment to him of half the purchase money. The first defendant appeals against this decree.