U.L.BHAT, S.K.DUBEY
Dhirendra Nath Verma – Appellant
Versus
Yaswant Rao – Respondent
U.L. Bhat, CJ.--1. Defendants in the suit for specific performance are the appellants herein. Plaintiff is respondent herein. Respondent herein on the one hand and the first appellant (first defendant) on the other hand entered into an agreement dated 14.1.2.1982, wherein the first defendant agreed to sell to the plaintiff for a consideration of Rs. 40,000/-, 0.20 acres of land together with a house situated therein, in which the plaintiff's father was than a tenant. A sum of Rs. 2,000/- was paid on that day. On 9.1.1983, further agreement was entered into on payment of Rs. 18,000/-. After waiting in vain for the first defendant to execute the sale-deed, plaintiff instituted a suit for specific performance. The first defendant contended that the property was ancestral property and was allotted along with other items of the property to his share, that is, to the share of his Branch family and that he was only the karta of the joint family. He also contended that the plaintiff should have impleaded the other coparceners, namely, his sons (defendant No.2 and 3). An issue was framed in this behalf and the trial Court ultimately held that the plaintiff should implead defendant
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