Abdul Jabbar S/O Abdul Gaffar Sheikh ... vs Abdul Khan S/O Aziz Khan And Ors. on 21 November, 2007
10. The judgments reported in Jagdeo Singh and Ors. v. Bisambhar and Ors. (supra) and Smt. Nirmala Bala Dasi and Anr. v. Sudarsan Jana and Ors. (supra) permit one or more co-contractors to file a suit seeking specific performance. There cannot be any debate over this proposition. The present respondents 1 and 2 were and are co-contractors with deceased appellant No. 1 and his wife insofar as the fresh agreement dated 20-12-1981 is concerned and accordingly they filed suit for specific performance, after realising that the vendors have not abided by the said agreement and have executed sale deed dated 19-11-1982 in favour of deceased-appellant No. 1 and his wife. I, therefore, find that the suit for specific performance filed by the present respondents 1 and 2 cannot be said to be improper. In view of provisions of either Sections 15 or Section 31, on the basis of sale deed dated 19-11-1982 obtained by the deceased appellant No. 1 and his wife, they cannot contend that they have established title and interest in immovable property. It is therefore apparent that the rights of present appellants to seek specific performance of agreement under Section 15 of the Specific Relief Act flowing from agreement dated 5-12-1980 was extinguished because of subsequent agreement and in any case, the sale deed in their favour was voidable. I, therefore, find that in view of Section 31 of the Specific Relief Act, the present respondents 1 and 2 were entitled to seek relief of declaration of cancellation of the said sale deed.