In a suit for specific performance of contract, persons not party to the agreement and claiming share in the property cannot be impleaded. A compromise decree may be passed if the parties reach a settlement, leading to specific performance of the agreement for sale.

Prakash Tatia, J.-Heard learned Counsel for the parties on application filed by the applicants under Order 1 Rule 10, CPC.

2. It appears from the facts of the case that a suit for specific performance of contract was filed by the plaintiff/appellant Jagdish Rai against the defendants Aidan, Magan Lal, Moti Lal, Brij Ratan and Harsh Kumar and the suit was dismissed by the trial Court vide Judgment and decree dated 111.1990. Against which this appeal is pending before this Court preferred by the plaintiff .

3. Six applicants are claiming that they have share in the property in dispute which is subject matter in the suit and appeal. According to the applicants, even some other persons have share in this property and they are also not agreeing for sale of their share in this property. Therefore, according to the applicants, they may be impleaded as party in the present appeal.

4. According to learned Counsel for the appellant and respondents, the applicants cannot be impleaded as party in the proceedings arising out in a suit for specific performance of contract because of the simple reason that in a suit for specific performance of contract, even the persons who are claiming themselves to be true owners of the property are neither necessary nor property party nor can be impleaded.

5. Here in this case, according to the learned Counsel for appellant and respondents, the plaintiff is seeking only enforcement of the agreement for which he filed the suit for specific performance of the contract and now the matter has been settled between them and, therefore, the appeal is required to be decided in accordance with the compromise between the parties.

6. It is settled law that in a suit for specific performance of contract, the persons who are not party to the agreement and may be claiming their share in the property in dispute or may be claiming themselves to be owner of the property, they cannot be impleaded as party. It is also settled law that the purchaser will get the property which seller possesses and can alienate.

7. In view of the above, since by passing of any decree in this appeal, the rights of the applicants are not affected in any manner and since they are neither necessary nor even proper party, therefore, the application for being impleaded as party is dismissed.

8. Heard learned Counsel for the appellant and respondents.

9. The suit for specific performance of contract was filed by the plaintiff/ appellant and that was dismissed by the trial Court vide Judgment and decree dated 111.1990, against which, the present appeal was filed. The appeal was admitted on 09.04.1992. During the pendency of the appeal, the respondent No. 1 Aidan expired. His one of the son Moti Lal is already party in the appeal. However, the compromise which has been filed before this Court on 08.07.2005 and verified by the Deputy Registrar (Judicial), Rajasthan High Court, Jodhpur, another son of Aidan namely, Shanker Lal also put his signatures on the compromise.

10. Now both the parties pray that since the matter has been settled between both the parties, though on some changed conditions, therefore, a compromise decree may be passed.

11. The compromise in writing has been filed before this Court on 08.07.2005 and verified by the Deputy Registrar (Judicial), Rajasthan High Court, Jodhpur, therefore, the appeal deserves to be allowed, hence, allowed and the Judgment and decree dated 111.1990 is set aside and following

decree is passed:-“Decree for specific performance of agreement for sale dated 13.04.1977 and 10.08.1979 is passed in favour of the plaintiff/appellant (Party No. 1 in compromise ). The entire consideration of Rs. 29 lakhs has been paid by the Party No. 1 to Party No. 2 and one Chagan Lal and they acknowledge the receipt of the above amount which according to both the parties is the entire sale consideration as per the present market value of the property. The property is described herein below:-

Chak No. P.A. No. Killa No.

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