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2017 Supreme(Raj) 439

DINESH MEHTA
Rajendra Kumar S/o Sohanlalji Balotiya – Appellant
Versus
Rameshchandra S/o Ruplalji Kakhani – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sandeep Saruparia, Adv.
For the Respondent: Mr. Sanjeet Purhohit, Adv assisted by Mr. Rajat Dave, Adv.

JUDGMENT :

1. The question involved in the present writ petition is, "whether in a suit for specific performance filed for the enforcement of an agreement, the persons who had purchased the property or had acquired right, interest and title therein, prior to the disputed agreement, can be impleaded as party Respondents?"

2. The facts in a nutshell, necessary for the determination of the above question are that the petitioners-plaintiffs filed a suit for specific performance for the enforcement of an agreement to sell dated 16.08.2005, allegedly executed in their favour wherein, the defendants No.1 to 4, being legal representatives of Late Shri Roop Lal Kakhani were arrayed as Defendants. It was asserted by the plaintiffs that at the time of execution of the respective agreements to sell, the possession of the plots/land, had been handed over by Shri Roop Lal Kakhani (the vendor) for which a total consideration of Rs.10,00,000/- was paid to him. Plaintiffs further stated that before the said transaction could be completed and registered sale deed could be executed, the vendor passed away on 08.11.2005. It has been averred by the plaintiffs that despite their persuasion, the defendants




























































































































































































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