Judgement

RAY, J. :- The defendant-respondent No. 1, Ram Parkash as Karta of joint Hindu family executed on February 7, 1978 an agreement to sell the suit property bearing M.C.K. No. 238/9, in Mohalla Qanungaon at Kaithal for a consideration of Rs. 21,400/- and he received a sum of Rs. 5,000/- as earnest money. As the respondent No. 1 refused to execute the sale deed, the defendant No. 2, Jai Bhagwan instituted a suit No. 570 of 1978 in the court of Sub-Judge, 1st Class, Kaithal for specific performance of the agreement to sell and in the alternative for a decree for recovery of Rs. 10,000/-. In the said suit the appellants Nos. 1 and 2 and the respondent No. 11 who are the sons of defendant-respondent No. 1 made an application for being impleaded. This application, however, was dismissed. Thereafter the 3 sons of defendant No. 1 as plaintiffs instituted Civil Suit No. 31 of 1982 in the court of Sub-Judge, IInd Class, Kaithal for permanent injunction stating inter alia that the said property was joint Hindu Family coparcenary property of the plaintiffs and defendant No. 1; that there was no legal necessity for sale of the property nor it was an act of a good management to sell the s