JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. In both these cases, suits for specific performance have been filed. The narrow question that arises is whether one Charanjeet Singh Rekhi and his wife - Manjit Kaur, who are Defendant Nos. 2 & 3 in SLP (C) Nos. 32725-32726 of 2014 and Defendant Nos. 1 & 2 in SLP (C) Nos. 28958-28960/2014 are persons who do not purport to be who they say they are. This arises out of I.As that have been filed by two other Charanjeet Singh Rekhis’, one belonging to Moradabad and the other belonging to Uttarakhand, stating that each one of them are Defendant Nos. 1 & 2 and Defendant Nos. 2 & 3 respectively in these suits, and considering that it should conclusively be determined as to who the correct defendants are, they are necessary parties to both specific performance suits.

3. The learned Single Judge of the High Court of Delhi, by judgment dated 05.03.2013, held that a question of mistaken identity cannot be gone into in a specific performance suit, as the persons who have filed the I.As are either necessary or proper parties to the suits for the reason that the plaintiff does not claim anything against them but only against one Charanjeet Singh Rekhi,