Facts of the Case
- A and B jointly owned a property.
- They entered into an agreement of sale with X.
- X paid a significant advance amount toward the sale consideration.
- B died before the sale deed could be executed.
- The legal heirs of B refused to execute and register the sale deed.
Issues in the Case
- Whether the agreement to sell remains enforceable after the death of one of the sellers (B).
- Whether the legal heirs of B are bound by the agreement entered into by B during his lifetime.
- What remedy is available to X for enforcing the agreement.
Principles Associated with It
- Under Section 9 CPC, civil courts have jurisdiction to try all civil suits unless barred.
- Section 15 to 20 CPC provides territorial jurisdiction for instituting the suit.
- Order II Rule 2 CPC – a party must claim all reliefs in one suit.
- Specific Relief Act, 1963, especially Section 10 and 12, enables X to seek Specific Performance of the contract.
- Legal representatives of a deceased person can be brought on record under Order XXII CPC.
- An agreement to sell creates an enforceable obligation, not ownership unless executed and registered.
Judgement
- X can file a suit for Specific Performance under the Specific Relief Act read with CPC provisions.
- The court may direct the legal heirs of B (now legal representatives) to execute the sale deed, as they step into the shoes of B.
- If the legal heirs refuse, the court may execute the sale deed through the process under Order XXI Rule 32 CPC.
- X must establish that he was always ready and willing to perform his part of the contract (as required under Section 16 of the Specific Relief Act).
- The limitation to file such a suit is three years from the date of breach under the Limitation Act, 1963.