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1934 Supreme(All) 256

RACHHPAL SINGH, SULAIMAN
Mt. Dhapo – Appellant
Versus
Ram Chandra – Respondent


JUDGMENT

Rachhpal Singh, J. - This is a Letters Patent appeal against the decision of a learned Judge of this Court under which a suit instituted by the respondents against the appellants was decreed. Reoti and Khawani who is a minor, are brothers and are joint in estate. They owned one-half share in a house. Mt. Dhapo owns the other half. Reoti acting for himself and for his minor brother Khawani entered into a contract with. Ram Chandra Lal, Munshi Lal and Ranjit Lal, plaintiffs, under which he contracted to sell to them the aforesaid half share in the house for a sum of Rs. 950, and he was paid Rs. 50 as earnest money. He however did not abide by this agreement and later on sold the above mentioned property to one Bulaki Dass for a sum of Rs. 850. The plaintiffs filed a suit for the specific performance of the contract for sale made by Reoti. Bulaki Dass the purchaser was also impleaded as a defendant in that suit. The suit was decreed. It was ordered that Reoti and Khawani should obtain partition of their one-half share in the house and then to execute a sale deed in favour of the plaintiffs. The decree further ordered that in case Reoti and Khawani failed to do so, then it was

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