Koipalli Ramiah vs Sajja Subbiah and Others

The first defendant entered into an agreement with the plaintiff and defendants Nos. 2 and 3 to convey certain land. The plaintiff alone instituted this suit for specific performance. Defendants Nos. 2 and 3 repudiate the contract and say that they are not willing to get any sale-deed from the 1st defendant. The lower Courts have dismissed the suit on the ground that the plaintiff alone had no right to demand performance of the agreement. In oar opinion they are obviously right. Section 45 of the Contract Act lays down the rule on the point. The second and third defendants do not want the land, the first defendant is not bound to compel them to take it along with the plaintiff.

We agree with the decision in Safiur Rahman v. Maharamunnessa Bibi 24 C.P 832 and dismiss the second appeal with costs.