A co-owner may execute a sale agreement for their share in a joint property, but cannot bind other co-owners not part of the agreement, making it enforceable only to the extent of the signing co-owner's share.

JUDGMENT :

A.C. Behera, J.

This 2^nd appeal has been preferred against the confirming judgment.

2. The appellant in this 2^nd appeal was the plaintiff before the trial court in the suit vide T.S. No.73 of 1993 and appellant before the 1^st appellate court in the 1^st appeal vide R.F.A. No.95 of 2005.

The respondents in this 2nd appeal were the defendants before the trial court in the suit vide T.S. No.73 of 1993 and the respondents before the 1^st appellate court in the 1^st appeal vide R.F.A. No.95 of 2005.

3. The suit of the plaintiff (appellant in this 2^nd appeal) against the defendants(respondents in this 2^nd appeal) vide T.S. No.73 of 1993 was a suit for specific performance of contract with a prayer to direct the defendants to execute and register the sale deed in respect of the suit site (properties) vide Plot No.794/2903 under Khata No.1030/587 A.0.055 decimals situated in Godavarish Nagar in Mouza-Badyanathpur under Berhampur Tahasil in the district of Ganjam in his favour after receiving the balance consideration amount, i.e., Rs.30,049/- along with other reliefs, to which, he(plaintiff) is entitled for in the interest of justice.

As per the averments made in the plaint of the plaintiff, the defendant nos.1 and 2 are brother and sister respectively. They(defendant nos.1 and 2) are the son and daughter of Late Krushna Chandra Bisoyi and Prafulla Kumari Bisoyi. The mother of the plaintiff, i.e., Prafulla Kumari Bisoyi had purchased the suit properties on dated 24.05.1965 through registered Sale Deed No.3168/65. The said suit properties were recorded exclusively in the name of their mother, i.e. Prafulla Kumari Bisoyi. When, the mother of the defendants expired, the suit properties left by her devolved upon both the defendants as her successors and accordingly, the defendants are the joint owners of the suit site. The defendant no.1 gave a proposal for sale of the suit site(properties) to the plaintiff for a consideration amount of Rs.85,000/-, to which, the plaintiff accepted and agreed to purchase the same from the defendants. Accordingly, on dated 11.04.1990, the defendant no.1 received Rs.4,951/- out of the consideration amount of Rs.85,000/- as advance from the plaintiff for selling the suit site(properties).

Then, on different dates, the defendant no.1 received Rs.54,951/- in total as advance out of consideration amount of Rs.85,000/- from the plaintiff and executed an agreement for sale of the same on dated 01.05.1990 in favour of the plaintiff indicating the time period for execution and registration of the sale deed. When, the defendant no.1 delayed the execution and registration of the sale deed, on the ground of obtaining power of attorney for sale from his sister, i.e., defendant no.2, though the plaintiff was always ready and willing to perform his part of contract, then, he(plaintiff) issued a notice to the defendant no.1 on dated 15.03.1993 requesting him to execute and register the sale deed in respect of the suit site in his favour after receiving the rest consideration amount from him(plaintiff), but, in spite of such notice, the defendant no.1 did not execute and register the sale deed. For which, the plaintiff approached the civil court by filing a suit vide T.S. No.73 of 1993 against the defendants praying for passing a decree for specific performance of contract against them (defendants) directing them(defendants) to execute and register the sale deed in respect of the suit site(properties) in favour of the plaintiff after receiving the balance consideration amount.

The defendant no.1 contested the suit of the plaintiff t