JUDGMENT :

Arup Kumar Goswami, J.

1. Appellant in RFA No. 08/2018 had filed a suit against the appellant in RFA No. 09/2018 for specific performance of contract in the Court of District Judge, East Sikkim at Gangtok.

2. The case was transferred to the Court of District Judge, Special Division-I, East Sikkim at Gangtok where the same was registered as Title Suit No. 14/2015. Subsequently, the father of appellant in RFA No. 09/2018, on an application being filed by him, was arrayed as Defendant no. 2 in the suit.

3. Later on, one Mr. Taktuk Bhutia and one Mr. Bimal Kumar Jain also filed applications to implead them as parties. Mr. Taktuk Bhutia claimed that he was in possession of the suit property. The plea taken by Mr. Bimal Kumar Jain was that he had purchased a portion of the suit property by a registered sale deed dated 27.03.2008. The learned Trial Court impleaded the aforesaid two individuals as Intervener nos. 1 and 2, respectively.

4. By Judgment and Order dated 28.09.2018, the learned Trial Court, while declining to grant a decree of specific performance of contract in respect of a lease deed dated 30.08.2018, ordered defendant no. 1 (appellant in RFA No. 09/2018) to refund an a