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1986 Supreme(P&H) 222

PREM CHAND JAIN, S.S.KANG
Krishan Lal – Appellant
Versus
Tek Chand – Respondent


Judgment

SUKHDEV SINGH KANG, J.

1. Whether in a suit for specific performance of a contract of sale a third person claiming to be a joint owner of the property (the subject-matter of the suit) is entitled to be impleaded as a defendant, is a short but interesting question raised in this revision petition.

2. In view of the pristinely legal nature of the issue involved, it is not necessary to recount the facts in detail. It will suffice to mention that Tek Chand filed a suit against Ram Tikaya for specific performance of a contract of sale pertaining to property bearing No. 113/11d. B-V situated in the town of Meham, Tehsil and District Rohtak. Krishan Lal, Smt. Mohni Devi, Chander Bhushan and Usha Rani claiming themselves to be the sons and daughters of Smt. Ram Bai daughter of Jiwan Dass, father of Ram Tikaya defendant, filed an application under O.1, R.10, Civil P.C. for impleading them as defendants to the suit, inter alia, on the plea that Ram Tikaya and Jiwan Dass had jointly purchased the property in dispute from the Custodian in equal shares vide Conveyance Deed dt. April 17, 1962. Jiwan Dass died on June 6, 1977 leaving behind Ram Tikaya (son) and Smt. Lakshmi Bai and Smt. R




















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