Hrishikesh Banerji, J. - (1.) This appeal is directed against the Judgment and Decree dated September 21, 1987 passed by the learned Assistant District Judge, Sarasat, North 24-Parganas whereby the learned Judge dismissed the plaintiff/appellant's suit for specific performance of contract against the defendants/respondents.
(2.) The suit property belonged to the mother of the defendants/ respondent Nos. 1 to 6 and of her five other children who are not parties to the present suit. The said property left by the mother devolved on those eleven co-sharers after the death of their mother. The defendants proposed to sell the suit land measuring 52 Acre appertaining to Dag No. 221 under Man No. 1105 in Mouza-Hariharpur, P.S. - Barasat, District North 24-Parganas. The plaintiff agreed to purchase the entire suit property measuring 52 acre at a total consideration of Rs. 57,000/-. Accordingly, on May 4, 1984 the defendants entered into an agreement for sale with the plaintiff accepting Rs. 1,001/- from the plaintiff towards earnest money. It was agreed that within nine months from the date of the execution of the deed the balance of the consideration would be paid by the plaintiff to the defendants. It was also agreed, inter alia, by the defendants that in case the registration of the sale deed in respect of the property could not be made owing to any defect in title the defendants would be liable to repay the entire amount advanced to them with interest.
(3.) It had also been stipulated in the said agreement that if all the heirs and co-sharers fails to execute and register the sale deed in favour of the plaintiff the later would be at liberty to bring a suit for specific performance of the contract for sale of the suit property and to get the deed of sale in respect of the suit property executed and registered through Court.;