OM PRAKASH Vs. G P TIWARI

JUDGEMENT

(1.) Present petition has been filed under Article 227 of the Constitution of India read with Section 24 of the Code of Civil Procedure (for short as Code) for transfer of suit No.278 of 2008 pending before Shri Sidharth Sharma, Civil Judge, (Central) Delhi, to the Court of Shri Pankaj Gupta, Additional District Judge (North District) Delhi, where suit No.53 of 2010 filed by petitioner against respondents is pending.

(2.) In this petition, it is stated that petitioner entered into an Agreement to Sell dated 28th July, 1990, for purchase of property No.325, Deepali, Pitampura, Delhi with respondent no.2 on the basis of representations made by him that respondent no.1 and he (respondent No.2) are the joint owners of suit property and respondent no.1 has relinquished his rights/title in the said property in his favour. Thus respondent no.2 is the sole owner and therefore competent to sell the aforesaid property.

(3.) Since, respondent no.2 did not perform his obligation under the Agreement to Sell, petitioner filed a suit for specific performance which is pending in the Court of Shri Pankaj Gupta, Additional District Judge (North District) Delhi. Respondent no.1 got himself impleaded in that suit and is one of the party therein. In that suit, talks for compromise were going on between the parties. During the course of proceedings, respondent no.2 revealed the pendency of a suit stated to have been filed by respondent no.1 against respondent no.2. That suit was instituted in 2008 by respondent No.1 against respondent No.2, seeking declaration that Relinquishment Deed dated 28th May, 1990 was forged and cancellation of the same was sought.