Suit for specific performance was maintainable at least for the share of the executor of the agreement, - share in the property is sold, the vendee has a right to apply for the partition.

Kartar Singh vs. Harjinder Singh

AIR 1990 SC 854,

 this Court held that where the shares are separable and a party enters into an agreement even for sale of share belonging to other co-sharer, a suit for specific performance was maintainable at least for the share of the executor of the agreement, if not for the share of other co-sharers. It was further observed:

"As regards the difficulty pointed out by the High Court, namely, that the decree of specific performance cannot be granted since the property will have to be partitioned, we are of the view that this is not a legal difficulty. Whenever a share in  the property is sold, the vendee has a right to apply for the partition of the property and get the share demarcated

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