M.Y.EQBAL, J. - (1.) THIS application under Article 227 of the Constitution of India is directed against the order dated 20.7.2006 passed by Additional District Judge, Chatra in Title Appeal No. 03 of 2003 whereby he allowed amendment petition filed by defendants -respondents at the appellate stage.
(2.) THE plaintiff -petitioner and respondent No. 12 filed a suit being. Title Suit No. 04 of 1993 for a decree for specific performance of contract directing the respondents to execute and register the sale deed in respect of the land specified in the schedule of the plaint. Plaintiffs case, inter alia, is that the suit property was held and possessed by the maternal grandmother of the defendants who in her life time gifted the property to her daughter Bibi Jamila Khatoon (mother of the defendants). Bibi Jamila Khatoon accepted the gift and came in possession of the suit property. She died leaving behind six sons and five daughters who inherited the suit property. Further case of the plaintiff is that defendant Nos. 10 and11, two daughters of Bibi Jamila Khatoon, were unmarried. Defendant No. 1 being the eldest brother, with the consent of the defendants for raising money for marriage expenses, entered into an, agreement with defendant Nos. 1 to 4 who executed an agreement to sell and a sum of Rs. 25000/ - was paid as advance consideration. Some of the defendants, in token of their consent, also put their signatures on the agreement dated 12.2.1993. The plaintiffs further case is tha ta further sum of Rs. 90,000/ - by way advance consideration was paid and defendant Nos. 7 to 11 also executed another agreement dated 14.2.1993 in favour of the plaintiff acknowledging earlier payment of Rs. 25,000/ - was agreed to be executed and registered.
(3.) THE defendants filed their written statement and contested the suit alleging. inter alia, that, defendant No. 1 never executed the agreement on behalf of the other co -sharers also, nor assured the plaintiff to get the sale deed executed by the other co -sharers. In fact, defendant No. 1 along with defendant Nos. 2 and 3, negotiated to sell their share only.;