In Brief
The case involved a dispute over specific performance of an agreement to sell a property. K. Basavaraja Urs agreed in 1979 to sell a property to the plaintiffs for Rs. 1,50,000, with the plaintiffs paying the full amount. The property had descended to K. Basavaraja Urs and his son (defendant No. 1) in equal half-shares under Hindu succession law. The Supreme Court held that while the agreement was genuine and consideration was paid, only K. Basavaraja Urs's half-share could be specifically enforced, not the son's half-share. The agreement did not bind the son's share because he did not expressly agree to sell it. The buyers were aware of this co-ownership at the time of the agreement. The Court modified the decree to grant only 50% of the property and directed division within four months.
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