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Judgment
V.N. Khare and S.N. Variava, JJ.—This is a Plaintiffs appeal.
On 20th September, 1960, the Defendant-Respondents executed an agreement for sale of the property situate at Bhiwandi, Mumbai, for a sum of Rs. 7,500. It is alleged that the Plaintiff-Appellants paid a sum of Rs. 1,000 as earnest money and subsequently, another sum of Rs. 6,000 was also paid. However, the Defendant-Respondents refused to execute the sale deed. The Plaintiff-Appellants thereafter filed a suit for specific performance for sale of the property. The Defendant-Respondents filed a written statement wherein the plea taken was that since the property belonged to a Joint Hindu Undivided Family and the minors are co-sharers, no relief for specific performance can be granted. The Defendant-Respondents also filed a counter claim in the suit for delivery of possession of the property. The trial court dismissed the suit as well as the counter claim. The Plaintiff-Appellants preferred an appeal against the judgment of the trial court to the extent the relief for specific performance was refused. Similarly, the Defendants also filed a cross-appeal to the extent the trial court rejected the counter claim filed by them. The first appellate court dismissed the appeal preferred by the Plaintiff-Appellants. However, the cross-appeal filed by the Defendants was allowed. Ag