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Saitun Nisa vs Triloki Vishwakarma Alias Triloki ... on 7 August, 1997 cites

Kartar Singh vs Harjinder Singh And Others on 21 February, 1990

20. I have perused the facts of the case and the evidence available on record and also the judgment and decree passed by the learned trial court and the Single Judge. There is no dispute that there was a partition between the defendant and his co-sharers and by virtue of the decree passed in the partition suit, the defendant-respondent was allotted 1/5th share in the suit properties. The learned Single Judge also found that although the defendant entered into an agreement for sale for the entire suit properties, measuring 853 Sq. Feet but in fact the defendant-respondent has got only 1/5th share equivalent to 426 Sq. Feet. The learned Single Judge, however, held that a decree for specific performer in respect of 1/5th share of the defendant-respondent shall be against the interest of other co-shares/co-parceners, and, therefore, the discretion should not be exercised in favour of the plaintiff. The controversy has been settled by the Apex Court in the case of Kartar Singh (supra). In that case, the vendor and his sister had each half share in the suit properties. The brother entered into an agreement for sale of his share and also the share of his sister. Subsequently the sister refused to sell the property. In the suit filed by the plaintiff for specific performance of contract an objection was raised that since the property is not partitioned, there is legal difficulty in granting a decree for specific performance.The Apex Court rejected the contention of the defendant and held as under:
Supreme Court of India Cites 4 - Cited by 72 - P B Sawant - Full Document
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