Land owners agreeing to sell land to joint purchasers - One joint purchaser filing suit for damages against owners on ground of breach of contract -Suit for specific performanceof agreement in same form by other jointpurchaser - Not tenable.

Citation

AIR 2009 SUPREME COURT 1749

SUPREME COURT

(From : Andhra Pradesh)*

SATYA BRATA SINHA ,

J. and CYRIAC JOSEPH , J.

Civil Appeal No. 4451 with 4452 of 2008, D/- 19 - 12 - 2008

G. Jayashree and Ors v. Bhagwandas S. Patel and Ors

(A)Specific Relief Act (47 of 1963), S.16 -

Specific performance of contract - Suit by one

of joint promisee - Tenability - Land owners

agreeing to sell land to joint purchasers - One

joint purchaser filing suit for damages against

owners on ground of breach of contract -

Parties entering into compromise - Consent

decree passed - Part of contract thus stood

rescinded - Suit for specific performance

of agreement in same form by other joint

purchaser - Not tenable.

 (Para 30