B.P. SHARMA Vs. NAROTTAM SINGH CHOPRA

JUDGEMENT

(1.) IA No. 15915/2012 (of M/s. Sanskar Projects & Housing Ltd. for impleadment).

(2.) THE plaintiffs have sued for specific performance of an Agreement of Sale of immovable property. Though the Agreement to Sell is of the year 2004 and purports to in part performance thereof deliver possession of the property to the plaintiffs but is unregistered. Thus as per Section 17(1A) of the Registration Act, 1908, the benefit of Section 53A of the Transfer of Property Act, 1882 would not be available to the plaintiffs. The applicant claims to have vide Agreement to Sell of the year 2010 agreed to purchase the same property from the ex -wife of the defendant. The applicant also claims to have been put into possession of the property in part performance of the Agreement to Sell. The Agreement relied upon by the applicant also is unregistered.

(3.) IT has been put to the counsel for the plaintiffs as to how the presence of the applicant cannot be said to be necessary and proper in as much as the applicant is also averring a title to the property and as to how any effective relief even if the plaintiffs were to succeed, can be given in the absence of the applicant.