A power of attorney holder, specifically a spouse who exclusively manages the affairs of the principal, is a competent witness to testify about the principal's 'readiness and willingness' to perform a contract in a suit for specific performance.

ORDER

This first appeal has been filed against the judgment and decree dated 29/4/2002 passed by XI Additional District Judge (Fast Track Court), Gwalior in Civil Suit No.10A/2001.

2. Appellants are the defendants, who have lost their case from the Court below.

3. Respondent filed a suit for specific performance of contract in respect of House No.10-B, Panchsheel Nagar, Gola Ka Mandir, Gwalior. It is the case of the plaintiff that defendant No.1 Babulal Jatav is the owner of the property in dispute, whereas defendant Nos. 2 and 3 are his sons. The description, as well as, boundaries of the disputed property were given in paragraph 2 of the plaint. It was the contention of plaintiff that defendants had jointly agreed upon to sell the house in question for a consideration amount of Rs. 1,13,000/- and, accordingly, an agreement to sell was executed on 28th of January 1994. An amount of Rs.10,000/- was received by way of advance and it was agreed upon that the remaining amount shall be paid at the time of execution of sale deed. The possession of disputed house was also agreed to be delivered at the time of registration of sale deed. It was agreed upon that after obtaining due permissions from Authorities, defendants would execute the sale deed within a period of six months, failing which plaintiffs shall have a right to get the sale deed executed from the Court. Thereafter, on the pretext that defendants require some more money, an amount of Rs.20,000/- was also received by defendants on 15/7/1994. It was claimed that plaintiff is ready and willing to perform her part of contract, but defendants did not take any step for obtaining permission from competent Authorities and now the defendants are trying to alienate the property to somebody else and, accordingly, the suit for declaration of title and permanent injunction was filed on 20/2/1995 which has been registered as Civil Suit No. 6A/95 and is pending before the Court of III Additional District Judge, Gwalior. It was further pleaded that defendants are avoiding the sale of the disputed house. Accordingly, a registered notice was given on 10/6/1995. Although the notice has been received by the defendant, but they have not executed the sale deed and, accordingly, a suit for specific performance of contract was filed.

4. Defendants filed their written statement and admitted that the house in dispute is owned and possessed by the defendants. The description of the disputed property, as given in the paragraph 2 of the plaint, was disputed. It was denied by defendants that they had ever executed an agreement to sell on 28/1/1994. It was also denied that defendants had ever taken Rs.10,000/- and Rs.20,000/- on 28/1/94 and 15/7/1994 respectively. It was claimed that the defendants are illiterate and innocent persons and, accordingly, the signatures of defendants were obtained on the agreement to sell which has been filed by the plaintiff. This document was never read out to the defendants. Defendants had not signed the document in presence of notary. Taking advantage of the fact that defendants merely know to sign, plaintiff wants to grab the property. The market value of the house is Rs.5,00,000/- but she wants to grab it for an amount of Rs.1,13,000/-. Defendants Nos. 2 and 3 had never given their consent for sale of house. Since Civil Suit No. 6A/1995 is already pending, therefore, the present suit is not maintainable and it should be stayed under section 10 of CPC. It was admitted that a notice dated 10th of February 1995 was given by the plaintiff. However, it was me