2001 AIR SCW 2361 ::(2000) WLC(SC)CVL 622 ::2001 SCFBRC 291 ::(2002) 1 All RentCas 108 ::2000 (10) SCC 636 ::(2000) 4 CurCC 115 ::(2001) 3 AllMR 770 (SC) ::(2001) 2 BLJ 822 ::(2000) 3 Mad LJ 147 ::(2001) 1 LandLR 315 ::(2001) 3 Pun LR 324 ::(2001) 2 UC 206 ::(2000) 6 Supreme 575 ::(2000) 3 All WC 2476 ::(2000) 6 Andh LT 5 ::(2000) 7 JT 483 (SC)

Supreme Court Of India

Hon'ble Judge(s): A. P. Misra, N. Santosh Hegde , JJ

(A) Specific Relief Act (47 of 1963) , S.20— Suit for specific performance - Joint property-All co-sharers not joined in agreement to sell - Decree for specific performance of portion of property held by defendant co-sharer can be passed - However, alternative relief of partition of property and delivery of possession of said share cannot be granted, in absence of other co-sharers as parties. In a suit for specific performance even where any property is held jointly, and once any party to the contract has agreed to sell such joint property by agreement, then, even if other co-sharer has not joined, at least to the extent of his share, he is bound to execute, the sale deed. And there is no bar for passing the decree for specific performance with regard to share owned by the contracting parties for which co-sharer execute the @page-SCW2362 sale deed. However, in the absence of other co-sharers there could not be any decree of any specified part of the property to be partitioned and possession given. The decree could only be to the extent of transferring the share of the co-sharer in such property to other such contracting party. The Vendee on the date of filing the suit has yet not become the owner of the property, as he merely seeks right in the said property through the decree of specific performance. When the sale deed itself h....