The terms of the contract must be clear, definite, and certain for specific performance to be granted.

( 1 ) JUDGMENT in this appeal shall also govern disposal of First Appeal no. 11 of 2000, (Prahlad Das Agarwal v. Vimlesh Kumari Kulshrestha and another ).

( 2 ) APPELLANT, Sambhajirao, who is owner of the suit house situated at Plot No. 19 in mahalla Angre-Ka-Bada, Lashkar, Gwalior, had entered into an agreement on 1-4-1986 to sell the house to respondent No. 1, vimlesh Kumari, for a consideration of Rs. 48,000/- out of which Rs. 24,000/- were paid as advance. It is also not disputed that respondent No. 1, Vimlesh Kumari, had also filed a Civil Suit No. 228-A/86 in the Court of III Civil Judge, Class II, Gwalior, in respect of the same property, however, it was withdrawn vide order dated 6-5-1987.

( 3 ) RESPONDENT No. 2, Prahladdas had applied to be impleaded as a party in this case on the ground that the appellant had also entered into subsequent agreement dated 9-9-1986 to sell the same house to him for which he filed a separate civil suit for specific performance of the contract which was dismissed, against which an appeal is still pending.

( 4 ) THE learned trial Court, Second Additional Judge to the District Judge, Gwalior vide Judgment dated 18-9-1999 passed in civil Suit No. 13-A of 1987 passed a decree of specific performance of contract in favour of respondent No. 1, Vimlesh Kumari. Feeling aggrieved against which present appeal has been filed by owner of the house.

( 5 ) IT has been contended for the appellant that respondent No. 1 was residing in a portion of the house and the agreement to sell was only about the portion which she was occupying as a tenant and not about the whole house. It was also contended that respondent No. 1 was never willing and ready to perform her part of the contract and, therefore, the learned trial Court erred in passing a decree for specific performance.

( 6 ) LEARNED counsel of respondent No. 1 has, however, supported the findings of the learned trial Court.

( 7 ) I have considered the rival submissions of the learned counsel of parties and have carefully perused the record.

( 8 ) AGREEMENT to sell in this case is Ex. P- 1 wherein it has been specifically mentioned that the owner, appellant, had agreed to sell the house to respondent No. 1 in which she resides. It has further been mentioned that the map of the residential house shall be prepared and shall be kept with this agreement and in the end all the boundaries of the house had been indicated showing that there is another house of the appellant in the east-west, road in the north and house of Hariram Kapur in the south. It is pertinent to note that no area of the house or any measurement of its portion said to have been occupied by the purchasers finds place in this agreement. It is a two storeyed building but there is no mention in the agreement as to which of the storey or both the storeys are to be sold and how many rooms it contains.

( 9 ) RESPONDENT/plaintiff, Vimlesh Kumari (PW-1) has stated that she was residing in the ground floor along with open land on the northern side. She was also using two rooms, a patore along with open land of the upper portion. She has no knowledge whether there was any partition between the family members of the appellant. In para 9 of her cross-examination she has admitted that she had not received the possession of the disputed house so far. It is on the basis of her statement that the learned counsel of the appellant has submitted that she claims to be a tenant in the house for the last sixteen years before execution of the agreement, and in case, she is not in possession of the disputed house it means that full house was not agreed to be sold to her as it has also been made clear in the agreement itself that appellant had agreed to sell the house wherein she resides.

( 10 ) RESPONDENT-PLAINTIFF in para 12 of her cross-examination has also admitted that no map was, however, attached to the agreement. She has also admitted that one of the servant of the house-owner was residing in