IMPORTANT POINT
Specific performance of an agreement is discretionary and unenforceable if not all necessary parties consent, and plaintiffs must demonstrate readiness to perform their obligations.

JUDGMENT :

V. Gopala Krishna Rao, J.

1. The appeal is filed by the defendants 1 and 3 to 5 in O.S. No.177 of 1995 on the file of I Additional Senior Civil Judge's Court, Kakinada. Respondents 1 and 2 are the plaintiffs and the 3rd respondent is the 2nd defendant in the said suit.

2. The parties will hereinafter be referred to as arrayed before the trial Court.

3. The brief averments in the plaint are as follows:

It is pleaded that defendants 2 to 5 are the sons of 1st defendant and they are Hindu joint family members of which the 1st defendant is the family Manager. The plaint schedule land fell to the branch of the 1st defendant in the partition that took place in between the 1st defendant and his brothers Kannayya and Pullayya. It is further pleaded that the plaint schedule land is offered for sale for acquiring other property with the sale consideration and for the benefit of the then minors and the plaintiffs negotiated for purchasing the same from the defendants 1 to 3 and the 1st defendant as guardian for the then minor defendants 4 and 5 and also as family Manager. Subsequently, the 4th defendant became major. The defendants agreed to sell away the plaint schedule land at the rate of Rs. 1,35,000/- per acre and the actual extent of the land has to be measured and the total consideration has to be paid after measurement. There are mango trees, casuarina trees, black berry trees, palmyra trees etc., in the schedule land. It is agreed that the defendants shall remove all the trees for themselves and then the land has to be got measured and the extent has to be ascertained in the presence of plaintiffs and the plaintiffs have to divide the said land into plots and layout plan has got to be prepared by the plaintiffs and the defendants have to sign it and the plaintiffs have to submit the said layout plan and take further steps for the approval of the same and all the incidental expenses therefor have to be borne by the plaintiffs and then the defendants have to execute sale deed or sale deeds for the total extent or for plots in favour of the plaintiffs or their nominees, as desired by the plaintiffs by 31-3-1991. It is further pleaded that after the negotiations and after agreeing to the above said terms, sale agreement was executed by the defendants in favour of the plaintiffs on 24-10-1990, having received a sum of Rs. 1,25,000/- as advance from out of the total sale consideration from the plaintiffs at the time of execution of the agreement of sale. Thereafter, the plaintiffs requested the defendants on several occasions to cut and removal of all the trees from the schedule land which can enable for measuring the plaint schedule land and to divide it into plots and for drawing a layout plan which has to be signed by the defendants for submitting the same for approval. Without removing the said trees, the defendants every year selling away the usufruct of the trees in the beginning of the year itself much in advance and realising more than Rs. 25,000/- per year and they requested the plaintiffs to wait saying that trees can be cut after the collection of usufruct but again they are selling the usufruct in advance and not removed any of the trees from the schedule land. The defendants requested the plaintiffs for part payments from out of the balance of sale consideration. The plaintiffs paid a sum of Rs. 20,000/- on 27-02-1991 from out of the balance of sale consideration to the 3rd defendant and obtained a receipt. On 03-7-1993 the plaintiffs paid an amount of Rs. 20,000/- to the 3rd defendant on behalf of all defendants and obtained a receipt. On 14-8-1993 the plaintiffs paid an amount of Rs. 4,000/- to the 1st defendant and obtained a receipt. On 04-10-1993 plaintiffs paid an amount of Rs. 40,000/- to the 1st defendant and the 1st defendant made an endorsement regarding the said payment as well as the previous payments also on the back of the sale agreement and affixed his thumb impression thereon. It is further pleaded th