S GURBAKSH INGH Vs. N G NANDA

JUDGEMENT

(1.) Appellants have filed this appeal against order dated 23rd April, 2007, passed by Additional District Judge, Delhi vide which it was held that suit filed by appellants stood abated.

(2.) Brief facts as alleged are that respondent No.1, entered into an agreement to sell dated 14th November, 1979 with Sh. Tej Singh, (father/Grandfather of the appellants), in respect of property bearing No.C-23, Chirag Enclave, New Delhi. Sh. Gulzari Lal Nanda, father of respondent No.1, assured Sh. Tej Singh that respondent No.1 would honour the commitment made in the agreement. Since completion of sale was delayed and in the meantime, Sh. Tej Singh died, appellants filed suit for specific performance against respondent No.1 and Sh. Gulzari Lal Nanda (who was defendant no. 2 in the suit)

(3.) In or around September 1983, Mr. Vivek Nanda, s/o. respondent No.1 filed an application for impleadment on the ground that suit property is HUF. Court vide order dated August 29, 1984, allowed that application and he was, impleaded as respondent No.2. In the meanwhile, Sh. Gulzari Lal Nanda died on January 15, 1998.