JUDGMENT

This Original Side Appeal has been filed by the applicant in A.No.

8678 of 2018 questioning dismissal of the said application by a learned Single Judge of this Court by order dated 09.07.2020. The said application in A.No. 8678 of 2018 had been filed in C.S.No. 285 of 2014 which is now pending before this Bench and listed for advancing arguments. The appellant is a third party to C.S.No. 285 of 2014 and had filed the said application in A.No. 8678 of 2018 under Order 1 Rule 10(2) of the Code of Civil Procedure seeking to be impleaded as the sixth defendant in the said suit.

C.S.No. 285 of 2014:

2. C.S.No. 285 of 2014 had been filed by the first respondent /

B.V.Reddy Enterprises Private Limited against four defendants seeking specific performance directing the 1st and 2nd defendants to execute a registered sale deed through their power of attorney agents / 3rd and 4th defendants with respect to the property mentioned in the schedule to the plaint pursuant to an agreement of sale dated 13.12.2006 entered into by the 1st and 2nd defendants through their power of attorneys, 3rd and 4th defendants with the plaintiff and to deliver vacant possession of the said property and also for consequential injunction restraining alienation or altering of the physical features of the property and also for costs of the suit.

3. Since the 3rd defendant / power of attorney agent of the 1st and 2nd defendants had been declared as insolvent in I.P.No.25 of 2014 by order of Court dated 21.04.2014 and since in the Insolvency Petition it had been disclosed that the property which was the subject matter of the agreement also formed part of the estate of the insolvent, the Official Assignee had been impleaded as the 5th defendant by order dated 17.08.2015 in A.No.

4741 of 2015.

4. It is the contention of the plaintiff in C.S.No. 285 of 2014 that the suit schedule property at old Door No. 33, New Door No. 33, College Road, Nungambakkam, Chennai, measuring 5 grounds and 1077 sq.ft., originally belonged to one Mrs. T.R.Subbulakshmi and later she bequeathed the same to her two sons, S.Murali Mani, and S.Balan Mani, the 1st and 2nd defendants in the suit by Will dated 21.01.1997, for which Letters of an Administration had been granted by this Court in O.P.No. 496 of 2005 by order dated 17.01.2006. It had been claimed that S.Murali Mani and S.Balan Mani had entered into an agreement of sale in the said property in favour of Mr.Arjunlal Sunderdas, the 3rd defendant/insolvent. This agreement was dated 18./19.08.2006 and had been registered as Document No.857 of 2006 in the office of the Sub Registrar, Thousand Lights, Chennai. The total sale consideration was determined at Rs.4,08.65,624/-. It had been further claimed that the 3rd defendant/insolvent had paid a sum of Rs.2,50,000/- each to the 1st and 2nd defendants as advance by demand drafts and had agreed to pay the balance of Rs.2,01,82,812/- to each the 1st and 2nd defendants on or before 15.10.2006. A supplemental agreement dated 28.08.2006 had been entered into by the 1st and 2nd defendants with the 3rd defendant/ insolvent wherein the 1st and 2nd defendants both acknowledged receipt of the entire balance sale consideration of Rs.4,08,65,624/-. It was also covenanted in the said supplemental agreement that the 3rd defendant / insolvent had also been put in possession of the property and the title deeds of the property had also been handed over to him. They also agreed to execute a power of attorney to empower the 3rd defendant/insolvent and his brother/ nominee S.M.Lal the 4th defendant to either jointly or severally deal with the property. It had also been covenanted that the time fixed for registration of the sale deed will no longer be applicable and the sale deed will be executed as and when called upon by the purchasers / the 3rd defendant / insolvent.

5. It must also be mentioned that the 1st and 2nd defendants had also executed a registered power of attorney on the same date 28.08.2006, author