A sum of Rs.
According to the plaintiffs appellants, the respondent did number carry out his part of the agreement and the appellants filed the present suit for specific performance of the companytract on 28 3 1962 in the Court of Additional District Judge, Gwalior.
The High Court agreed with the findings of the Trial Court on the merits and found that it was the respondents who companymitted breach of companytract but dismissed the suit on the ground that as the companytract was entered into on behalf of the minors, a decree for specific performance companyld number be granted to the appellants for want of mutuality.
Appeal by Special Leave from Judgment and Decree dated 9 2 1968 of the M.P. High Court in First Appeal No.
The respondent appealed to the High Court against the judgment and decree of the trial companyrt which allowed the appeal and dismissed the suit.
Phoolibai with the respondent to purchase a house situated in Thandi Sarak for a sum of Rs.
1000/ was paid as earnest money and the balance was to be paid at the time of the registration of the sale deed.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Shiv Dayal Srivastava and T. C. Sharma for the Appellant.
The suit was decreed on 15 4 1966.
10,500 the balance of the price on 13 7 1966.
S. Chitale, and Rameshwar Nath for Respondent.
The plaintiffs 1 and 2 who were minors entered into an agreement on 30 9 1961 through their mother and guardian Smt.
1548 of 1970.
21 of 1976.
The plaintiffs deposited Rs.
21 of 1966 dismissing the suit for specific performance.
The Judgment of the Court was delivered by, KAILASAM.
J. This appeal is by the plaintiffs by special leave granted by this Court against the judgment and decree dated 9 2 1968 passed by the Division Bench of the Madhya Pradesh High Court in first appeal No.
11,000/ .
