RAJ K. MEHRA Vs. MRS. ANJALI BHADURI

JUDGEMENT

(1.) This is an application by the defendant under Order 1, Rule 10 of the Code of Civil Procedure seeking to implead Major Shankar Bhaduri and Mrs. Madhuchanda Haldar as co -defendants on the ground that their presence is necessary to enable the Court to effectively and completely adjudicate upon the matters in dispute in this suit.

(2.) The application is being resisted by the plaintiff on the ground that the said two persons, sought to be impleaded as defendants, though son and daughter respectively of the defendant, yet are strangers to the agreement to sell house No. C -189, Defence Colony, New Delhi, entered into on 30th November, 1978, between the parties. Their presence, it is urged, is not at all necessary to adjudicate upon the questions arising in this suit for specific performance of that agreement.

(3.) In order to decide this application it is necessary to give a brief resume of the facts of this case. The plaintiff was occupying the ground floor of house No. C -189, Defence Colony, New Delhi as a tenant under the defendant Smt. Anjali Bhaduri for the last about 18 years on a monthly rent of Rs. 325/ -. Some time in the month of November, 1978, it was agreed between the parties that the defendant will sell and the plaintiff will buy the said house for a consideration of Rs. 2,85,000/ -. An agreement to sell the said property was executed on 30th November, 1978. In pursuance of the agreement a sum of Rs. 5,000/ - vide cheque No. 17483984 drawn on the United Commercial Bank, Defence Colony, New Delhi, was paid to the defendant. The balance price of Rs. 2,80,000/ - was to be paid to the defendant at the time of registration of the sale deed It is averred that the defendant had accepted the cheque in part payment of the sale price.