A and B have property jointly - A and B' s husband executed sale Agreement with C - C is entitled to specific performance of A's 1/2 share.

2022-1-L.W. 609

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Judgment reserved on: 03.12.2021 Judgment pronounded on : 21.01.2022

 S.A.No.2082 of 2001 and CMP.No.21685 of 2001

R.Vijayakumar, J.

Robinson & another

Vs

...Appellants

Arunadas (died) & others..Respondents

 PRAYER Second Appeal is filed under Section 100 of C.P.C, against the decree and judgment dated 27.02.2001 passed in A.S.No.8 of 1999 on the file of the Additional District Court, Kanyakumari District at Nagercoil reversing the decree and judgment dated 22.09.1995 passed in O.S.No.53 of 1993 on the file of the Sub Curt, Kuzhithurai.

Specific relief act, Section 12, share of non contracting party, if can be decreed, whether applicable

Specific performance, sale deed, half share, whether can be applicable

whether plaintiff entitled to seek specific performance with regard to half share of the first defendant 1 whether suit for specific performance to be dismissed in entirety when second defendant co owner has not joined in execution of suit sale agreement bonafide purchasers whether D4 & D5

para 19