Skip to content


Maharamunnessa Bibi and ors. Vs. Safiur Rahman - Court Judgment

LegalCrystal Citation
SubjectContract
CourtKolkata
Decided On
Judge
Reported in(1897)ILR24Cal832
AppellantMaharamunnessa Bibi and ors.
RespondentSafiur Rahman
Excerpt:
specific performance - joint contractees--right of one contractee to specific performance against the wish of the others--specific relief act (i of 1877), section 16. - .....the property,' he would execute separate documents in favour of each person.2. some of the parties who entered into that contract with the defendant no. 1 claim specific performance of the contract, making the others, who refused to have the contract performed, defendants.3. the question, therefore, is, can some of the parties to a single contract enforce specific performance against their adversary and the other persons who are defendants.4. we think, on principle, that they cannot, and that in a suit for the performance of a single contract the parties on each side must be marshalled as plaintiffs and defendants. we therefore decree the appeal, and dismiss the suit with costs in all the courts.
Judgment:

O'Kinealy and Hill, JJ.

1. The defendant No. 1, the appellant, made a joint contract with se(sic) persons that, 'on receipt of Rs. 500 as profit in addition to the price (sic) being him for the property,' he would execute separate documents in favour of each person.

2. Some of the parties who entered into that contract with the defendant No. 1 claim specific performance of the contract, making the others, who refused to have the contract performed, defendants.

3. The question, therefore, is, can some of the parties to a single contract enforce specific performance against their adversary and the other persons who are defendants.

4. We think, on principle, that they cannot, and that in a suit for the performance of a single contract the parties on each side must be marshalled as plaintiffs and defendants. We therefore decree the appeal, and dismiss the suit with costs in all the Courts.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //