NARINDER SINGH Vs. DEVENDER KAUR

JUDGEMENT

(1.) A preliminary decree was passed in this suit on 3.3.2005 giving the original plaintiff-Sh.Narinder Singh a 2/7th share in the suit property. Defendant no.1 was to have 1/7th share in the suit property and defendants no. 2 and 3 were also to have 2/7th share each in the suit property. The suit property is 72, Ring Road, Lajpat Nagar-III, New Delhi-3.

(2.) LOT of water has flown under the bridge since then. The original plaintiff-Sh.Narinder Singh had entered into an agreement to sell with one Sh. Rajinder Kumar Lamba and who has now been substituted in place of Sh.Narinder Singh inasmuch as the suit for specific performance filed by Sh. Rajinder Kumar Lamba was decreed. A sale deed is still however yet to be executed in favour of Sh.Rajinder Kumar Lamba. Defendants no. 1 to 3 have also transferred their rights in the suit property under a registered agreement to sell after paying the necessary stamp duty. Formally however there are no sale deeds in favour of Sh.Rajinder Kumar Lamba and the defendant no.4 who was added as a party to this suit as he had purchased the rights of the defendants no. 1 to 3 under a registered agreement to sell.

(3.) ACCORDINGLY, a final decree for partition be now drawn up in favour of the original plaintiff and the defendants no. 1 to 3 in the suit inasmuch as there are no sale deeds on record in favour of Sh. Rajinder Kumar Lamba and the defendant no.4. However, it is clarified that after the final decree for partition is drawn up in favour of the original parties to the suit, whatever rights Sh. Rajinder Kumar Lamba or defendant no.4 have, the same can be exercised in accordance with law, including in any execution proceedings which may be filed for this final decree.