Tarwad property rights defeat specific performance where children acquire interests by birth and sellers lack absolute ownership.

Property gifted to a mother and her children with the incidents of Tarwad property was treated as family property, so each child acquired an interest by birth. The defendants were therefore not absolute owners and had no power to convey the property as if it belonged solely to them. On that basis, specific performance of the agreement of sale could not be enforced against them, and the plaintiff's suit failed.

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Issues: Whether the property was a gift to the mother and children so as to take it with the incidents of Tarwad property, and whether the defendants had power to sell the property to the plaintiff and be compelled to specifically perform the agreement of sale.

Analysis: The evidence did not establish the plaintiff's case that the purchaser named in the earlier documents had no interest. The surrounding documents showed that the property was treated as belonging to the mother and children, and the donees took it with the incidents of Tarwad property. On that footing, every child of the female donees acquired an interest by birth, and the property could not be treated as the absolute property of the defendants alone.

Conclusion: The 1st and 2nd defendants had no power to sell the property to the plaintiff, and the suit for specific performance could not be maintained.

Final Conclusion: The appeal succeeded and the plaintiff's suit stood dismissed with costs in both Courts.

Ratio Decidendi: Where property is found to have been gifted to a mother and her children with the incidents of Tarwad property, the children acquire interests by birth and the donees cannot convey the property as absolute owners or be specifically compelled to perform an agreement of sale.

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