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Ramaraju Vs. Ramalingam and ors. - Court Judgment

LegalCrystal Citation
SubjectFamily;Contract
CourtChennai
Decided On
Reported in(1902)12MLJ400
AppellantRamaraju
RespondentRamalingam and ors.
Excerpt:
- - but upon the findings the plaintiff is clearly .entitled to a decree for specific performance against the 1st defendant without determining whether the sale by him would bind the interests of the 2nd and 3rd defendants in the property agreed to be sold......authorized the 1st defendant to enter into the 'contract or that they ratified the same. the plaint therefore, discloses no case of action against 2nd and 3rd defendants for specific performance of the is defendant's contract. the suit against them should have been dismissed at the first hearing. but upon the findings the plaintiff is clearly .entitled to a decree for specific performance against the 1st defendant without determining whether the sale by him would bind the interests of the 2nd and 3rd defendants in the property agreed to be sold. the subordinate judge's decree is modified to this extent and confirmed in other respects. the appellant will be entitled to recover his costs throughout from the 1st defendant and will pay the costs of 2nd and 3rd defendants throughout.
Judgment:

1. The plaint alleges that the 1st defendant as managing member of the undivided family consisting of the three defendants entered into a contract to convey the lands mentioned in the plaint to the plaintiff and placed him in possession of the same after receiving 50 rupees in part payment of the price agreed. There is no allegation in the plaint that 2nd and 3rd defendants were parties to the contract or that they authorized the 1st defendant to enter into the 'contract or that they ratified the same. The plaint therefore, discloses no case of action against 2nd and 3rd defendants for specific performance of the is defendant's contract. The suit against them should have been dismissed at the first hearing. But upon the findings the plaintiff is clearly .entitled to a decree for specific performance against the 1st defendant without determining whether the sale by him would bind the interests of the 2nd and 3rd defendants in the property agreed to be sold. The Subordinate Judge's decree is modified to this extent and confirmed in other respects. The appellant will be entitled to recover his costs throughout from the 1st defendant and will pay the costs of 2nd and 3rd defendants throughout.


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